Quote Quoting Mapper
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He DID indeed tell his manager that he may go into rehab as early as that afternoon or it may not be until the following week.
That's all well and good -- but that doesn't mean that he was disabled from work during the time prior to his entry into rehab, and he chose not to tell his employer that he was sitting at home during the week after his approved FMLA leave ended and when he entered rehab.
Quote Quoting Mapper
He told his boss he had a highly distressed mind and would not be able to perform his job correctly.
As your husband has been told by his employer and by his union rep, that's not sufficient.
Quote Quoting Mapper
His boss then told him to call the hotline and have them do an evaluation on him and they would put him on medical leave. He said he already did that and that they would not put him on leave until he was admitted to rehab.
Was that yet another lie? Because if he went through a process to have his employer disable him from working based on his mental state, and they in fact did so, none of this would be an issue.
Quote Quoting Mapper
Approximately 45 minutes later, his boss called back and stated "You're good to go" and wished him good luck with treatment.
If this was predicated upon your husband's lying to his supervisor, it doesn't help him.
Quote Quoting Mapper
The problem isn't the time after he got out of rehab, it's that week before he went into treatment.
Right -- he is disabled during the time he was in rehab (and his employer has apparently not figured out that he left before the program ended), but he was not disabled from working after his three week leave for his (fake) back injury ended, but before he went into rehab.
Quote Quoting Mapper
But you think if he goes ahead and asks the doctor who did his initial assessment on March 27 for a note saying he wasn't fit that week prior before he went in, that that would be ethical?
You have told us that your husband is seeing a doctor for his back condition. You have told us that your husband did a phone intake with an employer-approved specialist before he even told his supervisor that he was going to go to rehab. If his doctor was unable to detect any sign of mental stress, that could be an issue for him. If he lied about the phone intake, that would appear to be a big part of his present problem. If the best he can do is ask the doctor he saw at intake on March 27 to opine as to what his mental state may have been during the prior week, then that's the best he can do -- he can see what opinion the doctor can share and hope it satisfies his employer.
Quote Quoting Mapper
What about his regular doctor, although he had never mentioned his alcoholism/depression to his regular doctor?
If he has a long history of treatment for various disorders, including those that he repeatedly uses to get FMLA leave from work, but has not once mentioned a problem with alcohol, mental stress or mental function, then it starts to look like he's once again malingering.

You also make it sound like the insurance company found that inpatient treatment was not necessary, and that the treatment facility concurred with that determination when discharging him after 14 days.
Quote Quoting eerelations
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Mr K and others who may consider taking time to help this OP, please see her posts on FA. She has admitted (loudly and proudly) that her husband has been screwing his employer for years now....
I don't actually have to look at another site to see that (a) she doesn't see a problem with her husband's lying to his employer to get protected time off of work, (b) she doesn't hold her husband accountable for his actions, and (c) her husband's decision to take five weeks off of work without pay was just fine, but somehow it's the employer's fault that she can't afford a cat sitter for her planned vacation.