My employee has informed me that they will be entering an alcohol rehabilitation program. Can we terminate their employment? Does it make any difference if they're a new employee and has told me that they have been in two other rehabilitation programs?

Under California law, an employer who regularly employs 25 or more employees must reasonably accommodate an employee who voluntarily enters drug or alcohol rehabilitation and also must protect the employee’s privacy in regard to being in rehabilitation. This law applies to all employees, even new employees, and does not require that an employee satisfy any eligibility of work requirements.

According to Labor Code Section 1025, an employee is protected if they voluntarily enter a rehabilitation program. There is no requirement that the employee be limited to one rehabilitation program or that the employee complete the program.