"In a word, no.... Insights for Employers: Hold your employee to reasonable performance standards.... [If] an employee is not being disciplined for violating a substance abuse policy but simply advises the employer that he intends to take time off for substance abuse treatment, this is a legitimate basis for FMLA leave.... [An] employee's absence or performance issues due to his abuse of a substance is not afforded any protection under the FMLA.... Even the EEOC supports an employer's right to take action where the employee violates a workplace policy prohibiting the use of alcohol."

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