Although it’s common to worry about your job when seeking addiction treatment, some laws help protect employees when going to rehab.

When people consider going to rehab, they often wonder if they’ll be fired for reaching out for help. While every situation is different, some legal protections exist for those taking time off work for rehab. In many cases, getting treatment will make you a better employee and reduce your risk of being disciplined or terminated.

Will I Lose My Job if I Go to Rehab?

Worrying that you’ll be fired if you go to rehab is common. While you could be terminated for violating a workplace policy related to substance use, like showing up to work under the influence, in most instances, legal protections allow you to go to rehab without fear of losing your job. 

Rights and Protections for Addiction Treatment 

Several Federal protections can prevent you from losing your job when you seek addiction treatment. 

Family and Medical Leave Act (FMLA): Does It Cover Rehab? 

The Family and Medical Leave Act (FMLA) protects those who take time off work for rehab. If you meet the criteria specified under FMLA, your job will be protected while you’re away seeking treatment. This law stipulates that an employee may take leave from work for substance use treatment from a healthcare provider when they have an addiction that requires inpatient care or ongoing treatment. 

This law does not allow you to take time off to use substances, nor will it protect you if you’ve violated a workplace policy, such as using drugs during the workday. FMLA will protect your job by offering up to 12 weeks of unpaid leave per year, and it applies to those working for public organizations, public or private schools or companies with at least 50 employees. To be eligible, you must have been employed at your workplace for at least 12 months, worked at least 1,250 hours over the previous 12 months and your location must have at least 50 employees within 75 miles. 

Americans With Disabilities Act (ADA): Does It Cover Rehab? 

The Americans with Disabilities Act (ADA) offers workplace accommodations to individuals with disabilities. According to ADA stipulations, an employer may not discriminate against an employee with a history of drug addiction who is not actively using substances. This law also prevents discrimination against employees currently in treatment but not using drugs illegally.

It’s important to understand that the ADA treats drug misuse differently than alcohol misuse. While someone currently using illegal drugs is not protected under ADA, someone who is “an alcoholic or recovering alcoholic” is protected by having a disability. The ADA does not prohibit an employer from disciplining or firing an employee with alcohol addiction for poor job performance, but they cannot be punished more harshly than employees without alcohol addiction. 

The ADA states that reasonable accommodations for employees with addictions could involve time off work for treatment or a modified work schedule to allow them to attend support group meetings. Like FMLA, the ADA does not protect you from being fired if you violate a workplace substance use policy, but it offers protection if you’re in recovery and seeking treatment. 

Other Federal Protections

Beyond the ADA and FMLA, the following federal protections may apply to employees looking to take time off work for rehab:

• The Rehabilitation Act of 1973: The Rehabilitation Act may protect you if you work in a government position. This law prevents discrimination among individuals with disabilities employed in the federal sector. 
• HIPAA: The Health Insurance Portability and Accountability Act (HIPAA) prevents the disclosure of protected health information (PHI), including information related to addiction treatment. This means your addiction treatment provider cannot share any information about you with your employer unless you grant permission.
• Fair Housing Act: While not directly related to employment, the Fair Housing Act is also relevant to those taking time off for rehab. This law recognizes those who have recovered from addiction as having a disability and offers them accommodations in housing. This means that landlords cannot discriminate against them in housing decisions. If you’re looking for housing after completing rehab, the Fair Housing Act may protect you. 

Researching Rehab Programs

If you’re ready to take time off for rehab, it’s important to research available treatment programs. Your employer may offer an Employee Assistance Program (EAP), which provides services designed to help employees cope with problems that may negatively affect their job performance. This could include assessments and referrals to addiction treatment. 

Your workplace human resources department should be able to provide you with information about your EAP. If your employer doesn’t offer an EAP, it can be helpful to contact your health insurance provider to determine which rehab programs accept your insurance.

Preparing Work-life for Rehab

When you’re planning to be away from work for addiction treatment, it’s important to prepare for your absence. You must notify your employer of your intent to seek leave and complete paperwork to document your absence. 

How To Tell Your Employer

Before taking a leave of absence, you must meet with your human resources department. Whether you give them details is up to you, but at the very least, you’ll need to tell them you’re going to take time off under FMLA to seek treatment for a medical issue. You must provide them with paperwork from a healthcare provider confirming that the leave is to treat a serious health condition. 

How To Tell Your Colleagues

If you take time away from work for rehab, your coworkers will undoubtedly notice your absence. Again, what you tell them is up to you, and if you’d like to keep matters private, you aren’t required to tell them anything. If they ask questions, you might consider telling them you’re seeking inpatient treatment for an ongoing health problem. If they ask about specifics, you aren’t required to answer, but you could keep things simple and tell them you’re receiving mental health care. 

Returning to Work After Treatment

After completing an inpatient rehab program, knowing what to expect when you return to work is helpful. Colleagues will likely have questions, and how much information you provide them is up to you. While you’re not required to give colleagues personal information, you must provide your human resources department with certification from your rehab provider stating that you can return to work. 

You might find that returning to work increases your stress levels, especially if you’re in the early stages of recovery. During this time, staying connected to the recovery community is important by attending support group meetings and/or participating in ongoing counseling services to reduce your risk of relapse. 

Sometimes, your employer may require you to follow a return-to-work agreement. This formal agreement between you and your employer spells out terms you must follow to keep your job. If your addiction resulted in you violating a workplace policy related to substance use, your employer might agree to retain you as an employee if you follow a return-to-work agreement (RWA). If you agree to an RWA, you will likely have to provide your employer with evidence that you completed a rehab program, and you may have to submit to drug testing once you return to work.

Start Treatment Today

For those seeking Florida addiction treatment, Orlando Recovery Center offers a full continuum of care to assist you with transitioning back to work after rehab. We can provide medical detox, inpatient care and outpatient programming. Our state-of-the-art medical detox center also offers noteworthy amenities, including a heated pool, mountain views, walking trails and two fully equipped gyms. Contact a Recovery Advocate today to learn more or to begin the admissions process.