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- Substance abuse may be a serious health condition if the conditions of Sections C, D, and E are met. FMLA leave may only be taken for treatment of substance abuse. Absence because of the employee’s use of the substance rather than for treatment does not qualify for FMLA leave.
- Treatment for substance abuse does not prevent an employer from taking employment action against an employee.
- An employee may take FMLA leave to care for a covered family member who is receiving treatment for substance abuse.