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FMLA rules

Old 08-25-2014, 08:31 PM
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FMLA rules

Hello,

I'm new to the site and sorry if I missed any threads already answering this question. I recently took a 30-day FMLA leave from my workplace, went through detox for a couple days, and stayed sober the 30 days doing AA meetings and counseling. However, I didn't last long once back at work before I relapsed - I've been drinking about a week. I'm wondering if anyone knows - is my employer required to give me more time off under the FMLA laws if I need it or can they just say "no, you had your chance, now you're fired"? I'm finding it hard to stop drinking again and I know it's affecting my productivity, so I want to find a solution before I start getting reprimanded. I feel like just getting a few days off would be enough to get me back to meetings and counseling again.
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Old 08-25-2014, 08:57 PM
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I don't know the answer to your question, but I am sure someone will be along soon who does.

Just wanted to say hello and welcome!
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Old 08-25-2014, 09:00 PM
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Originally Posted by TaiCarm View Post
Hello,

I'm new to the site and sorry if I missed any threads already answering this question. I recently took a 30-day FMLA leave from my workplace, went through detox for a couple days, and stayed sober the 30 days doing AA meetings and counseling. However, I didn't last long once back at work before I relapsed - I've been drinking about a week. I'm wondering if anyone knows - is my employer required to give me more time off under the FMLA laws if I need it or can they just say "no, you had your chance, now you're fired"? I'm finding it hard to stop drinking again and I know it's affecting my productivity, so I want to find a solution before I start getting reprimanded. I feel like just getting a few days off would be enough to get me back to meetings and counseling again.
There are many different variables, but FMLA does allow for up to 12 weeks leave in a 12 month period in certain circumstances. It would be best to ask your employers Human Resources dept.

Regarding your current drinking, what exactly would you do if you got a few days off?
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Old 08-25-2014, 09:27 PM
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If your employer or union has an EAP (employees assistance program) they will be able to help you. It's usually confidential and they would know the ins and out for your company.

Good you're seeking out the help you need.

love from Lenina
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Old 08-25-2014, 09:28 PM
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I’m in a bit of a pickle because my employer is too small to even have a Human Resources department, but apparently is big enough to be subject to the FMLA laws since I signed an FMLA form with them before. I had to ask my top boss directly for the leave. If 12 weeks is the rule, then I guess they have no choice but to allow me more time off. It just feels like such a risk approaching them about it after they gave me a leave.

I’m pretty much hoping that a week’s worth of drinking (~10-12 drinks of vokda a night) hasn’t caused too much physical dependence again. I guess I’d bear the anxiety of withdrawal and drag my ass to meetings assuming I don’t get any major panic attacks. If that failed I’d have to check myself into a detox hospital which has taken 2-3 days until admission the two times I did it. Really I’m willing to go to any lengths to get this stuff under control. I’m 29 and I’ve had acute pancreatitis, alcoholic hepatits, and gastritis in the last six months. I know I’ll die if I don’t stop, yet even knowing that hasn’t been enough. What a curse this disease is.
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Old 08-26-2014, 04:05 AM
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Welcome to the Forum!!
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Old 08-26-2014, 04:30 AM
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I am only a few years older than you and I drank as much as you did every day. I planned my sobriety around my job because I was worried that I would lose it. I'll bet you could go to a detox over a weekend. Maybe a 3 day weekend. I know that keeping my job was good for my sobriety. I did not do a formal detox myself but everybody is different. I would recommend to see your doctor to ask about the sea detox.
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Old 08-26-2014, 06:26 AM
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Originally Posted by TaiCarm View Post
I feel like just getting a few days off would be enough to get me back to meetings and counseling again.
What's stopping you from going to a meeting tonight, or right after work? Making it dependent on getting a few days off puts the success (or failure) of your recovery on your employer...when the success lies with you.
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Old 08-26-2014, 07:41 AM
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The FMLA doesn't even apply if the employer has less than 50 employees. Whatever they are doing may be out of the goodness of their heart rather than it being required by law.

The FMLA requires employers of 50 or more employees (and all public agencies) to provide eligible employees up to 12 weeks of unpaid, job-protected leave each year for the birth and care of a newborn child, for placement with the employee of a child for adoption or foster care, or for the serious illness of the employee or of the employee’s child, spouse, or parent.
Link for those interested:
http://www.dol.gov/whd/regs/compliance/NewBus3.pdf
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Old 08-26-2014, 06:30 PM
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Hey Taicarm,

I think your first 30 days off proved not to be the solution for you getting sober. You work is very understanding but I think it would be asking a lot of them to do without an employee for sixty whole days. If it were me, I'd figure that my replacement would have been fully trained at that point.

You can get sober and keep working at the same time. You're young and if you get a medically assisted detox from your doctor you can do it over a weekend.
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