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Reversing a recent trend to extend broader coverage to employees under FMLA, the 8^th Circuit Court of Appeals recently ruled that while treatment for alcoholism is covered by FMLA, a five-day drinking binge is not.

 

In Scobey v. Nucor Steel-Arkansas, a steel mill employee was no-call, no-show on April 10. The following day the employee, Talmadge Scobey, spoke briefly to his supervisor on the phone. Scobey sounded intoxicated, and told the supervisor he was not coming to work because he had suffered a nervous breakdown. However, when the supervisor tried to get more information, Scobey hung up.

 

The employee was also absent on April 12, 13 and 14. On April 14, the employee again phoned the supervisor, saying that he wanted to get help. The employee was referred to the HR manager, but did not contact her until April 19. At that point, the employee was referred to Nucor Steel’s employee assistance program, and entered an inpatient alcohol treatment program.

 

The employee argued that the employer should have known that his absence was for an FMLA-related reason due to his statements on April 11 that he had “a nervous breakdown” and the very colorful expression he used to mean that he was intoxicated at the time.

 

While employers should still err on the side of caution when providing FMLA notification to employees, this ruling shows that employers are not in the business of diagnosing whether an employee has a serious health condition or not if the employee merely calls in sick.

 

This suit reinforces the policy that many employers have, allowing alcoholics to use FMLA for treatment, but not for drinking binges.

 

In the ruling, the court noted that an employee must provide sufficient information to support a determination that he or she has a serious health condition and qualifies for FMLA leave. In addition, while FMLA can be used for treatment of alcoholism, it cannot be used for a drinking binge.

 

The Family and Medical Leave Act permits employees to take up to 12 weeks of unpaid, job-protected leave for a serious health condition. Alcoholism and drug addiction have long been recognized as serious health conditions under the law. However, the FMLA covers time off for treatment, rather than time off for drug or alcohol use. Often, employees take FMLA for weeks to enter a rehab program, or use it intermittently to attend outpatient treatment.

 

Alcoholism and drug addiction are also disabilities under ADA, the Americans with Disabilities Act. Often employees are entitled to additional unpaid time off as a reasonable accommodation under ADA.

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1. Posted by: FMLA law Family Medical Leave Act update, Latest cases on FMLA Law : FMLA Law News Update – Nov. 6, 2009

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