Leave for Treatment of Substance Abuse

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Substance abuse can be considered a serious health condition if it falls within one of the categories defining a serious health condition, but FMLA leave can only be taken for treatment for substance abuse that is given by a health care provider or on referral by a health care provider. Absence for the employee’s use of the substance does not qualify for FMLA leave.[1]

[1] 29 C.F.R. § 825.119.