Conn. Agencies Regs. § 31-51rr-7 - Leave for treatment of substance abuse (29 CFR section 825.119)
(a) Substance abuse may be a serious health
condition if the conditions of sections
31-51rr-4 through
31-51rr-6, inclusive, of the
Regulations of Connecticut State Agencies are met. However, FMLA leave may only
be taken for treatment for substance abuse by a health care provider or by a
provider of health care services on referral by a health care provider. On the
other hand, absence because of the employee's use of the substance, rather than
for treatment, does not qualify for FMLA leave.
(b) Treatment for substance abuse does not
prevent an employer from taking employment action against an employee. The
employer may not take action against the employee because the employee has
exercised his or her right to take FMLA leave for treatment. However, if the
employer has an established policy, applied in a non-discriminatory manner that
has been communicated to all employees, that provides under certain
circumstances an employee may be terminated for substance abuse, pursuant to
that policy the employee may be terminated whether or not the employee is
presently taking FMLA leave. An employee may also take FMLA leave to care for a
covered family member who is receiving treatment for substance abuse. The
employer may not take action against an employee who is providing care for a
covered family member receiving treatment for substance abuse.
Notes
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