Can I use FMLA or take a leave of absence if I have to serve jail time?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I use FMLA or take a leave of absence if I have to serve jail time?

I was arrested for a DUI and checked myself into rehab for 28 days using FMLA through my employer. Now they want me to do 90 days in jail. Can I use FMLA or can I take a leave of absence. I am trying to save my job

Asked on September 14, 2010 under Employment Labor Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The Family Medical Leave Act was enacted to allow an eligible employee to take up to 12 weeks unpaid time in a 12 month period for the birth or adoption of a child, to care for a family member or for themselves for a serious health condition.  I can see how the rehab would qualify if the reason you went was associated with drugs or alcohol, which is a serious health condition.  But serving time in jail  - although a result of the condition - would most likely not qualify.  Be honest and up front with your employer and explain that you are taking all the necessary steps to getting clean.  That you made a mistake and that you are on the right path.  Ask to take a leave of absence without pay.  And ask them to hold your job - in writing.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption