Exclusively Employment Law

Can I take time off for alcohol or drug rehabilitation?

by | Sep 3, 2018 | Leave of Absence

California Labor Code Sections 1025 to 1028 (“California’s Alcohol and Drug Rehabilitation Law”) provide that if your employer has twenty-five or more employees, your employer must provide you unpaid time off so that you can participate in an alcohol or drug rehabilitation program, as long as providing you unpaid time off does not cause significant difficulty or expense to your employer.

Below is additional information about your right to take time off under California’s Alcohol and Drug Rehabilitation Law:

No. 1: Although the leave is unpaid, you may use accrued sick leave, vacation leave, or other paid time off during this period.

No. 2: Your employer must make reasonable efforts to keep confidential the fact that you have enrolled in an alcohol or drug rehabilitation program.

No. 3: You may file a complaint with the California Labor Commissioner if you believe that you have been denied the right to take time off under California’s Alcohol and Drug Rehabilitation Law.

No. 4: Notwithstanding your rights described above, your employer may still terminate your employment if, because of your current use of alcohol or drugs, you are unable to perform your job duties or you cannot perform them in a manner that does not endanger your health or safety or the health or safety of others

What about employers with fewer than twenty-five employees? Even if California’s Alcohol and Drug Rehabilitation Law does not apply to these employers, other laws (e.g., the ADA, FEHA, and CFRA) may require these employers to provide unpaid time to employees who participate in alcohol or drug rehabilitation programs. The scope or existence of these employers’ obligation to provide time off depends on a number of factors, including whether or not the employee’s alcohol or drug addiction is considered a “disability” under federal or California law.

If you have questions about California’s Alcohol and Drug Rehabilitation Law, call ((916) 612-0326) or email ([email protected]) Finley Employment Law today. We serve clients throughout California, including Sacramento, Folsom, Roseville, Granite Bay, and Elk Grove.

The information in this blog post is for general informational and advertising purposes only and is not, nor is it intended to be, legal advice. Instead, you should speak with a California employment attorney for advice regarding your individual situation.