If you or a loved one are considering addiction treatment, congratulations on taking the crucial first step of acknowledging the problem. The next step is making a choice: to either overcome your addiction or continue with it.
It’s understandable to have concerns about entering treatment. It will be challenging, time-consuming, and may require time away from work. However, the far greater consequence of continuing down the path of addiction far outweighs these difficulties.
Addiction is a relentless force that depletes time, harms relationships, and undermines productivity. It relentlessly consumes everything until there’s nothing left. Rehabilitation offers the best opportunity to halt addiction in its tracks and reclaim your life.
The decision to seek treatment for substance dependency can seem overwhelming. One major concern for many is whether they can maintain their job during treatment. Career-related worries can be a significant barrier to choosing the right treatment. Fortunately, there are laws designed to protect your job while you seek help for a substance use disorder.
According to SAMHSA, “Roughly 75% of people who need treatment for addiction have jobs.” This statistic shows that balancing work and rehab is quite common. Many individuals have navigated this challenge successfully, so you’re not alone in managing both employment and treatment. In fact, entering treatment might even benefit your career. Once you overcome addiction, you’re likely to experience improved health, happiness, and work performance. With renewed energy and focus, you’ll be better equipped to enhance your job skills and pursue your interests.
Government Protections for Your Job During Rehab
In the United States, federal laws provide protections for employees undergoing treatment for drug or alcohol addiction, ensuring they are safeguarded against job loss. The key laws offering these protections are the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA).
Family and Medical Leave Act (FMLA)
The FMLA mandates that employers provide sick leave for medical conditions, including addiction, which is classified as a disease. Under this act, eligible employees are entitled to 12 weeks of unpaid leave for treatment. This applies to all businesses, federal agencies, and government entities, though certain conditions must be met.
According to the FMLA, “Your company must allow you to take up to 12 weeks of unpaid leave for addiction treatment.”
Here are the key eligibility requirements for FMLA leave:
While the FMLA ensures job protection, it does not guarantee paid leave. To supplement your income during this period, you may consider applying for short-term disability insurance, which can provide partial pay while you are in rehab. Be sure to apply for these benefits to take advantage of available financial support.
How to Apply for FMLA
To apply for FMLA, first ensure that you meet the eligibility criteria mentioned earlier. Next, notify your employer of your intent to take medical leave under the FMLA. You should also inform them if you plan to apply for short-term disability benefits. You are not required to disclose that your FMLA leave is for addiction treatment, but you must avoid taking unreported absences, as these will not be covered by FMLA.
If your employer denies your request for the full 12 weeks of medical leave or penalizes you for your condition, you may have grounds to file a discrimination lawsuit.
If you are a member of a workers’ union, additional protections might be available. In such cases, consult with your union representative to ensure you understand your rights and secure the necessary support as you prepare for treatment.
Can You Be Fired for Going to Rehab?
If you plan to use FMLA to cover your time in rehab, you must provide your employer with advance notice. Failing to do so means you won’t be protected under the FMLA, and you could be terminated. However, if your employer has a clear policy regarding substance abuse that is consistently applied and communicated to all employees, and this policy allows for termination under specific circumstances, you could be dismissed even if you are on FMLA leave for rehab.
According to the U.S. Department of Labor, the law outlines:
It’s important to be aware of your rights and any company policies related to substance abuse and FMLA to ensure your job security while in treatment.
The Americans With Disabilities Act (ADA)
The Americans With Disabilities Act (ADA) provides protection for American workers from discrimination and job loss due to disabilities, including certain conditions related to addiction. Under the ADA, employees with disabilities are entitled to protection from being fired or discriminated against and to reasonable accommodations to perform their jobs. According to the Society for Human Resource Management, alcoholism and drug addiction are classified as disabilities. However, these protections are limited to the hiring process; thus, an employer cannot discriminate against someone with a history of drug addiction, provided they are not currently using drugs and have undergone rehabilitation.
Employers are permitted to prohibit illegal drug use and alcohol consumption at the workplace and to conduct drug tests. It is not a violation of the ADA for an employer to test for illegal drug use. Employers can also terminate or refuse to hire individuals who are currently using illegal drugs. Employees who use drugs or alcohol must adhere to the same performance and conduct standards as other employees, as outlined in the Drug-Free Workplace Act of 1988 and related federal regulations.
The Employer’s Role in Treatment
While employers might find the 12-week FMLA leave period challenging, it is beneficial to recognize that healthy employees contribute to a more productive and positive work environment. A report from the United States Commission on Civil Rights found that 10-25% of Americans have worked under the influence of substances.
By adhering to FMLA guidelines, employers can support their employees in seeking treatment and returning to work in a healthier state, potentially improving workplace morale and productivity. Employers can also establish a Return-to-Work Agreement that specifies behavioral and performance expectations for employees post-rehabilitation.
It is crucial to remember that both the FMLA and ADA do not protect individuals who are actively using drugs. If an employee is using drugs or if their addiction affects job performance, the employer has the right to terminate their employment. For those struggling with addiction, seeking treatment promptly is essential to benefit from FMLA protections.
Before Treatment
If you plan to use FMLA for addiction treatment, it’s important to first discuss this with your employer. If you have concerns, consider consulting with Human Resources (HR) before speaking with your manager. If your employer raises concerns about a decline in workplace performance that might be related to substance use, you can protect yourself by being open about your addiction and requesting treatment. Depending on your company and its union agreements, you may be protected from termination and permitted to seek treatment. You are not obligated to disclose that you are entering rehab.
After Treatment
Upon completing treatment, you may be required to sign a Return to Work Agreement (RTWA). This document outlines your employer’s expectations for employees returning to work after addiction treatment. Common terms in an RTWA may include:
As long as you meet these conditions, you should be reinstated to your previous position within the company. If you experience discrimination upon returning, you may have grounds for a discrimination lawsuit.
In Conclusion
The stigma and concerns surrounding rehab can often deter individuals from seeking treatment at drug and alcohol rehabilitation centers. According to SAMHSA, only 10% of those who need treatment for substance addiction actually receive it. For more information on addiction counseling, resources, and treatment options, visit Sunrise Recovery today!
