I have worked at the same company for almost 5 years as a full time benifited employee. I have perfect attendance. Recently got my second DUI with a bac of .328 and was recomended that I go to a 30 day rehab center. I do have "vacation" time to cover the 30 days. In short my company said they will pay out my vacation and when I come back I will be a seasonal employee for 90 days.
I would take the company up on their offer to pay out your vacation, so that you get paid for those 30 days in rehab. You don't get paid under the FMLA. They use up your vacation and your sick days. So, that is the route to take.
I'm not syaing you're an alcoholic but...alcoholism is a disability under the ADA. As such, if you're an alcoholic and in need of treatment, a company would need to make a reasonable accommodation for your alcoholism. In this case FMLA leave time is often considered a reasonable accommodation.
However, you don't get paid for FMLA leave. As such, if the company is offering to pay you out of vacation time while you are gone, that's propably the best option.
Unless...If this seasonal employment thing is a way for them to lay you off after 90 days...maybe the unpiad FMLA leave is the best option. This is so because if they fire you when you return it might be construed as retaliation for taking the leave time. As such, firing you when you return might viloate the ADA as well as the FMLA.
It's tough to say. If you want to get paid the next 30 days you should probably take the vacation time. If you want more long term job security, the best bet would likely be to take FMLA leave.
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