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. Great observation Smith. By my lights, speaking personally, they already have. They counted my religious perspective in a pro-life context as a symptom of mental illness and then violated all semblance of due process to banish me for life from the Indiana bar. The headline reveals the truth of the Hoosier elite's animus. Details here: Denied 2016 petition for cert (this time around): (“2016Pet”) Amicus brief 2016: (“2016Amici”) As many may recall, I was banned for five years for failing to "repent" of my religious views on life and the law when a bar examiner demanded it of me, resulting in a time out to reconsider my "clinging." The time out did not work, so now I am banned for life. Here is the five year time out order: Denied 2010 petition for cert (from the 2009 denial and five year banishment): (“2010Pet”) Read this quickly if you are going to read it, the elites will likely demand it be pulled down or pile comments on to bury it. (As they have buried me.)

  2. if the proabortion zealots and intolerant secularist anti-religious bigots keep on shutting down every hint of religious observance in american society, or attacking every ounce of respect that the state may have left for it, they may just break off their teeth.

  3. "drug dealers and traffickers need to be locked up". "we cannot afford just to continue to build prisons". "drug abuse is strangling many families and communities". "establishing more treatment and prevention programs will also be priorities". Seems to be what politicians have been saying for at least three decades now. If these are the most original thoughts these two have on the issues of drug trafficking and drug abuse, then we're no closer to solving the problem than we were back in the 90s when crack cocaine was the epidemic. We really need to begin demanding more original thought from those we elect to office. We also need to begin to accept that each of us is part of the solution to a problem that government cannot solve.

  4. What is with the bias exclusion of the only candidate that made sense, Rex Bell? The Democrat and Republican Party have created this problem, why on earth would anyone believe they are able to fix it without pushing government into matters it doesn't belong?

  5. This is what happens when daddy hands over a business to his moron son and thinks that everything will be ok. this bankruptcy is nothing more than Gary pulling the strings to never pay the creditors that he and his son have ripped off. they are scum and they know it.