How does the ADA apply to an employee with alcoholism?

Accordingly, while alcoholism is a disability under the ADA, in most cases, there is a very limited amount of accommodation that an employer must provide for the same, and it appears it would be limited to allowing the employee to take time off to seek treatment for the same. If the employee engages in improper conduct,…

What happens if an employee relapses and abuses alcohol?

If an alcoholic employee relapses and uses and abuses alcohol again, an employer is left with a decision. If the employee has violated the employer’s policies, or has violated the same employment standards to which the employer holds other employees, an employer may impose discipline. [6]

When is an employee entitled to leave due to alcoholism?

Under the FMLA, an employee is entitled to leave related to alcoholism only if he or she is requesting the leave for the purpose of seeking and obtaining treatment for the condition or to care for a relative who is seeking or obtaining treatment.

Can a employer discipline an employee for alcoholism?

Moreover, employers may discipline employees for improper behavior on the job, even if the employee can attribute the action to his or her alcoholism.

Do you have to tolerate drinking on the job?

Employers not Required to Tolerate Drinking on the Job Although employers are expected to provide reasonable accommodation to individuals with disabilities, nothing in the ADA requires an employer to tolerate drinking or drug use on the job, or an employee who comes to work under the influence of drugs or alcohol.

How are alcoholic employees protected by the ADA?

Alcoholic employees may be protected by the ADA if they can prove that they are “substantially limited in a major life activity” or that they are “regarded as” such. For example, an alcoholic employee may be substantially limited in his or her ability to walk, talk, think,…