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On FMLA for detox program, company has no drug policy Florida

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  • On FMLA for detox program, company has no drug policy Florida

    I am currently on leave to go into a detox program from work. I am qualified for FMLA. My company has a no drug use policy, but with the FMLA paperwork they will see that I am in detox for drugs. Does anyone know if I will be terminated for my past drug use problem? I sought out help from my supervisor and he referred me to the EAP program where I was forced to disclose my issue. The EAP therapist also gave me the time off of work. What do you think will happen next? Am I going to go back to work then be terminated because I was on drugs?

  • #2
    If you qualified for FMLA due to your drug use & going into detox program, you have 12 weeks of job protected leave. (though you can be terminated while on FMLA if you would have been terminated/laid off had you not been on FMLA leave)

    When you go back to work, no one here knows what will happen. You can't be terminated just for having taken FMLA. However; if, for example, you are still using drugs or would have been terminated for another reason that has nothing to do with being terminated because you took FMLA, that would be legal.
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