Under California law, are employers required to provide leave time for employees to attend a drug or alcohol rehabilitation program?

Yes. Under California Labor Code Section 1025-1028, California employers with 25 or more employees must make reasonable accommodations by providing unpaid time off for any employee who voluntarily enters and participates in a drug or alcohol rehabilitation program, as long as it does not impose an undue hardship on the employer. Moreover, the Labor Code provides that employees may use accrued sick leave during this period. Employers may also allow employees to use accrued vacation leave or other paid time off. The duration of the time off is tied to the duration of the program.

This type of time off may also be covered by the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA) if the employee is otherwise eligible and has a serious health condition. If so, employers should follow the approval and medical certification process under FMLA/CFRA and inform the employee that the time off is designated as FMLA/CFRA time. The two leave obligations may run concurrently.

Covered employers must make reasonable efforts to keep information about an employee’s treatment private.