ILNews

Leave act specific to alcoholism treatment

Michael W. Hoskins
January 1, 2008
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An Indiana man sued his former employer for firing him on grounds that he missed too much work, arguing that he was covered by the federal medical leave act because he was getting treatment for alcoholism.

But the 7th Circuit Court of Appeals determined today that the Family and Medical Leave Act doesn't protect workers from being dismissed. Because he missed three days of work just prior to being admitted for alcoholism treatment and that time combined with previous absences was enough for his employer to dismiss him, the court ruled.

The unanimous three-judge ruling in Richard L. Darst, as Trustee for the Bankruptcy Estate of Krzysztof Chalimoniuk v. Interstate Brands Corp. and Tonia Gordon, No. 04-2460, affirms the previous judgment from U.S. District Judge John D. Tinder in Indianapolis, who'd granted summary judgment in favor of the defendants.

A footnote in the opinion shows that during the course of the litigation, Chalimoniuk filed for Chapter 7 bankruptcy and his termination claim became part of the bankruptcy estate. Trustee Darst has continued to prosecute this on behalf of the estate.

Chalimoniuk had worked at the baked goods manufacturer for 15 years before being dismissed in 2000 for excessive absenteeism. The employer operated on a point system, with 24 or more resulting in discharge. When this case's set of facts began, Chalimoniuk had a cutoff of 32 points, and he'd accumulated 23 already.

His situation began July 29, 2000, when he relapsed and missed three days of work. During those three days, he called his doctor and set up his admission to a treatment facility where he stayed Aug. 4-10 of that year. He filled out employment paperwork for leave starting July 29 and ending Aug. 11, but the employer's human resources manager Gordon investigated that date and determined the prior three days didn't fall under the act.

At issue in the case was whether his three days of missed work prior to being hospitalized classified as "treatment" under the FMLA, which allows eligible employees up to 12 weeks of unpaid leave a year for various reasons, such as a "serious health condition" that the Department of Labor states can apply to substance abuse treatment.

"On the other hand, absence because of the employee's use of the substance, rather than for treatment, does not qualify for FMLA leave," Circuit Judge Ilana Diamond Rovner wrote, noting that Chalimoniuk provided no evidence that he was admitted to any facility for treatment on those three days. "Because he had exceeded the number of points allowable under IBC's absenteeism policy, the defendants were free to terminate his employment without running afoul of the FMLA."
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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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