Can we terminate an employee for checking into rehab for alcohol abuse? Employee started drinking heavily after learning disturbing issues from the past during counseling.

Ann Kiernan Replies:

No! Alcoholism is a protected disability under many state laws, and at least one federal appeals court has held it is covered under the Americans with Disabilities Act, too. Allowing someone time off for rehab is required for reasonable accommodation.

You can certainly have rules against drinking on the job or reporting to work under the influence, and enforce those equally against all employees, whether or not they are alcoholics.