Full Answer
Can my employer fire me for going to rehab?
May 14, 2013 · He or she must also have worked for that employer for at least 12 months (not necessarily consecutive) and 1,250 hours within the last 12 months. If you or your loved one is in need of treatment for alcohol or drug addiction please give us a call at 800-821-9584. Sources: http://www.4rehabs.com/news/can-i-be-fired-if-i-go-to-rehab/
Can a company fire you for no reason in California?
Mar 22, 2022 · The ADA protects individuals by prohibiting employers from participating in discriminating behaviors, including: 1. Refusing to hire or promote an individual because they attended rehab or have sought help for a SUD or AUD in the past. Firing an individual for going to addiction treatment now or in the past.
Do you need to follow all California employee termination laws?
If you have not been intoxicated at work and wish to enter rehab, the fact that you will be actively participating in treatment is reason for you to be protected under the Americans with Disabilities Act, which states that employers cannot fire people for using their own vacation time or sick leave to pursue treatment for a medical condition.
Can I take FMLA leave from work for drug rehab?
So, can your employer fire you for going to rehab? In a word, no. In fact, it is in both your own best interests and that of your employer that you seek treatment for your addiction so that you may live a healthier, fuller life and be at the top of your game—both at work and at home.
How long can you take FMLA?
The FMLA is a federal legislation that allows certain employees to take up to a dozen weeks of medical leave for various reasons, including addiction treatment. But unlike the Americans with Disabilities Act (ADA), it is not paid for unless your employer chooses to cover it.
Can you be fired for chemical dependency?
Since chemical dependence is considered to be a disability, the ADA can be a huge help for those struggling with addiction. If you’ve entered a treatment program, anything related to your addiction and treatment process cannot be used as a reason for termination due to the ADA. This applies even to events that cause you to miss work. Anyone fired for such reasons can file a charge of discrimination against their employer. These laws apply to local government and state employers. For private companies, those with 15 or more employees must follow the same guidelines.
How many hours do you have to work to get FMLA?
This covers those who have been employed for at least 12 months and who have worked 1,250 hours minimum during the 12 months prior to FMLA leave, and are employed at a location with a minimum of 50 employees within a 75-mile radius. Private-sector employers qualify if they are a company who employ at least 50 people or more in 20 or more workweeks in the active calendar year, or the year before. Other places are covered automatically, no matter how many employees they have. These include local and federal government agencies and public or private elementary or secondary schools.
Is alcoholism a covered disability?
The Americans with Disabilities Act (ADA) protects the rights of persons with disabilities and prohibits discrimination against government employees and private sector employees at companies with 15 or more employees. Alcoholism can be considered a covered disability under the ADA, which means employees may have some protections against discrimination. Protection under the ADA is extended to alcoholics who are in recovery and no longer abusing alcohol. However, someone who is actively drinking is not afforded any protections under the ADA. This also means employers are not required to continue employing someone who is actively still drinking.