Can I use FMLA or take a leave of absence if I have to serve jail time?
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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 13 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.
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