Most individuals struggling with excessive drinking or drug use desire help for their challenges. The 2018 SAMHSA National Survey found that 75% of those seeking treatment for substance abuse are employed.
Recognizing that substance abuse is impacting your life is a crucial step toward recovery. Pursuing treatment is essential to begin healing from addiction before it starts affecting your work environment.
One significant barrier preventing people from seeking treatment is the fear of its impact on their job. However, concerns over job security shouldn’t be the deciding factor in pursuing recovery.
Starting the Conversation
When speaking with an employer about addiction, some individuals choose to be fully transparent, sharing the details of their situation and need for treatment, while others may be more selective, perhaps only informing their supervisor and HR.
Since substance abuse can impact job performance, it’s possible that your supervisor or coworkers are already aware of your struggles. Although it can be daunting to admit you need support, your employer might appreciate your honesty. By being open about your challenges, you may also gain access to valuable resources you weren’t previously aware of.
Employee Assistance Programs
Many companies provide Employee Assistance Programs (EAPs). If you are struggling with addiction, reach out to HR to find out if your employer offers one. EAPs are confidential and often offer screenings, treatment referrals, and even follow-up care. They can be a great first step when you’re ready to seek help, so it’s worth checking if this resource is available to you.
Can I Lose My Job for Seeking Addiction Treatment?
Once you decide to seek treatment, concerns about job loss can be natural. Fortunately, U.S. federal laws offer some protection in this area.
Two laws, the Family Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA), can provide important protections. Let’s take a closer look.
FMLA
The FMLA offers protection for workers needing time off for medical reasons. Eligible employees can take up to 12 weeks of unpaid leave per year without risking job loss.
While some employees, such as state, local, federal workers, and those in education, are automatically covered, others must meet specific criteria:
- The employer must have at least 50 employees within 75 miles
- You must have been with the company for at least 12 months
- You need to have worked at least 1,250 hours over the past 12 months
Addiction and substance abuse, though serious health conditions, aren’t always covered by FMLA. To ensure coverage, you must inform your employer about your addiction and intent to seek treatment before starting the program, which must be provided by a healthcare professional. FMLA does not protect absences due to substance use, only for treatment.
Additionally, if your employer has a non-discriminatory “no tolerance” substance policy, they can terminate employment, even if you’re on FMLA leave.
ADA
While employers can implement policies for a drug-free workplace, they are not required to protect employees currently using drugs or alcohol. However, the ADA prohibits most employers from discriminating against those in recovery or those who have sought treatment. Under ADA, an employer cannot terminate, refuse to hire, or deny a promotion based solely on an employee’s history with substance abuse or current treatment.
The ADA classifies addiction as a disability, meaning employers must offer “reasonable accommodations,” such as modified schedules to attend meetings or temporary leave for treatment.
Legal Protections
Both the FMLA and ADA provide legal safeguards for employees seeking treatment for substance abuse. If your employer violates either of these acts, you have the right to seek recourse.
If your employer breaches the FMLA, you may pursue legal action, potentially requiring them to compensate for lost wages and future earning potential, along with liquidated damages. Violations of the ADA, a federal law, can result in your employer being mandated to provide reasonable accommodations for your treatment, although this would not include monetary compensation.
Next Steps
Remember, the most important aspect of entering a treatment program is prioritizing your health. Addiction is a medical condition, yet only 11% of individuals with addiction receive treatment. Don’t let job-related concerns prevent you from seeking the help you need.
At Sunrise Recovery, we provide the tools and programs to support your journey. Reach out to our dedicated team at +1 (877) 978 – 6747 to explore your options for overcoming addiction.
