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Family And Medical Leave Act Essay

819 words - 3 pages

Having an alcohol addiction and leaving for treatment is covered under the Family and Medical Leave Act if one meets all the requirements. There is a fine line when employers are naive to the disease and they can be sued for not knowing the employees rights and firing someone for going to rehab. Alcoholism is a serious health condition and needs to be treated by employers as so."The Family Medical Leave Act states that employers must grant an eligible employee up to a total of twelve work weeks of unpaid leave during any twelve month period for one or more of the following reasons: for the birth and care of the newborn child of the employee; for placement with the employee of a son or daughter for adoption or foster care; to care for a immediate family member with a serious health condition; or to take medical leave when the employee I unable to work because of a serious health condition." (United States Department of Labor, 2009) Nicole was working at a restaurant a little over a year and gave them a few weeks notice that she had a serious alcohol problem and had to go to rehab. Being season and short staffed and all, the manager told her they would have to fire her if she decided to take the thirty five days of she needed. They told her that she could handle her problem with her own self will. She knew this was not so, she tried many times, it is an addiction that needs to be addressed and taken care of. Nicole never showed up on the job drunk or drank on the job and was a reliable worker. She decided to address her alcohol problem anyways and worked for a couple more weeks that she promised and left for rehab. She was fired after she left.The problem was never resolved when she got out of rehab, she didn't return to her job. Nicole meets all the requirements to take medical leave for a serious health condition. "She notified management thirty days prior to leaving, worked there over a year, worked more than 1,250 hours in one year, and had valid medical documentation." (UCSF Human Resources, 2009) If she wanted to sue them she would have to check and see if the restaurant was even covered by FLMA. If so then she would legally have the right to come back at the same position with the same pay rate. She should have made a complaint with the Department of Labor so they could have investigated the situation. She might have been able to sue under the Family and Medical Leave Act. "The FMLA's definition of the term "serious...

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