FMLA for an addiction

cayenne06, MSN, CNM · Oct 8, 2015

FMLA is certainly appropriate for someone undergoing treatment for their addiction, at least in my opinion. But it's obviously not for someone who feels they need to call out frequently due to an active substance abuse problem.

CoffeeRTC, BSN, RN · Oct 8, 2015

So, what would a valid call off be? I can see this person taking off for rehab. But being drunk the night before? This FMLA sounds like a party girls dream!

Whispera, MSN, RN · Oct 8, 2015

FMLA requires a doctor's statement that the leave in necessary. A person can't just say she's taking it and leave or not show up.

odaat · Oct 8, 2015

Is this person a licensed nurse?

CBlover, BSN, RN · Oct 8, 2015

Post doesn't make a whole lot of sense. Explain a little more and you may get more answers.

CoffeeRTC, BSN, RN · Oct 8, 2015

No it is not a nurse. She is an aid. I'm not upper management, just middle, so I do not know everything.

Simply there were rumors that she had a problem. They were fueled by her telling everyone that she has a problem, but "I just love to drink." She had to take a week off for her court mandated rehab stint. Came back all refreshed and "different" Our facility is smaller so when one person calls off, it is difficult to replace. It also makes it easy for people to know what is going on with each other. Most of the crew is very tight and local.

Not soon after, this CNA was back to her old ways...going out after work, drinking using social media etc. Not hiding much. Call offs coincided with some of these nights out. She would also come in and brag about "still being drunk." Other staff complained and would bring this up to management and before they can approacher her, she is complaining of "needing to go home" I wanted a drug test right then and there, but they left her leave. I was told that the call offs are "protected" and drug testing would just be a waste of time becasue the union would fight it.

THere was an incident at work and I did send her home for falling asleep in the middle of the shift without punching out for a break. (I suspected she was still intoxicated...she just looked horrible)

Its just frustrating. I understand alcoholism and burried a few family members do to it, so I don't think I'm being unfair. I just want to protect my patients and staff.

SmilingBluEyes · Oct 8, 2015

Wow how frustrating. I may have missed it, but what is your manager doing about this?

subee, MSN, CRNA · Oct 8, 2015

Is this a thing? Addiction is a disease, but really? So far, we've had a court appointed rehab stint and many call offs due to being "so wasted" last night. What about coming to work saying "I was so wasted last night I still feel it" and before managment can get wind, complain about being sick and leaving early?
How is this a protected illness?

Alcoholism is not a "protected" illness. You and your colleagues are enabling her to come to work wasted. It's not so hard to handle: 1. Document her behavior and comments before you 2. send her to employee health or the ER for a screening. 3. Welcome her back only after she can prove 2 years of sobriety and drug test her for another year. She pays for all drug screens. 4. Wish her well.

roser13, ASN, RN · Oct 8, 2015

This is truly a mis-use of FMLA. If the leave was approved for rehab, well, she's not in rehab and could be in violation of Federal law. Folks like this contribute to FMLA's terrible reputation amongst managers who must deal with the constant, inconsistent absences. Right now, my unit of 35 nurses has at least 10 on FMLA, all for aging parent-related issues. It's very difficult to schedule and keep up with all the issues when everyone plays fair, let alone when they don't.

This is for your upper management to deal with. As PP said, as her manager, document the heck out of her behaviors. Keep upper management informed. HR would be a resource in how to deal with FMLA issues.