Can my employer fire me for going to rehab?
Mar 22, 2022 · The Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) both provide protection and prevent individuals from being fired for going to rehab for a substance use disorder (SUD) or alcohol use disorder (AUD)—medical conditions defined by an uncontrollable use of substances or alcohol despite negative consequences. 1
Can I be terminated after entering rehab?
You cannot be fired simply for choosing to enroll in drug or alcohol rehabilitation. American citizens are protected under the ADA (Americans with Disabilities Act) and FMLA (Family and Medical Leave Act) laws. Under these acts, an employer cannot fire you simply for seeking and enrolling into treatment.
Can You Lose Your Job for going to rehab?
Oct 22, 2021 · Going to Rehab Before Things Get Worse. When you go to rehab before problems on the job arise, you lower your chances of being terminated for behaviors that could lead to termination. Your employer cannot fire you for taking time off for drug or alcohol rehabilitation if you are proactive and get into treatment.
What happens if you get fired for having an addiction?
Aug 03, 2021 · The Fair Housing Act of 1968. The Health Insurance Portability and Accountability Act of 1996. Family and Medical Leave Act of 1993. Getting fired for going to rehab is a legitimate concern for those struggling with drug addiction or alcoholism. In fact, fear over workplace discrimination may be a principle reason why many individuals do not get the help …
Will my job let me go to rehab?
You can be fired for going to rehab if you don't follow the formal FMLA process for requesting a leave of absence. If you enter a treatment facility first, then tell your employer afterward, you're not protected under this law.May 22, 2017
What happens after you come out of rehab?
After completing detoxification and inpatient rehabilitation, a person in recovery will return to normal life. This includes work, family, friends, and hobbies. All these circles and events can trigger cravings and temptations. Research suggests most relapses occur in the first 6 months after treatment.Dec 14, 2021
How do you transition to rehab?
Tips to Dealing With Transitioning After RehabCreate and follow a daily routine.Develop a new positive mindset.Set realistic expectations.Address depression and anxiety right away.Find new hobbies and schedule time for them.Connect regularly with support groups and attend regular meetings.More items...•Aug 15, 2016
Can you enlist if you've been to rehab?
Under some circumstances, those who've experienced drug or alcohol addictions but have successfully completed rehab and no longer rely on a substance may be able to enlist by getting a waiver. However, any history of drug use could potentially be disqualifying, even for those who are currently substance-free.Aug 29, 2021
What is the aftermath of addiction?
Excessive use of alcohol and drugs can lead to mental and physical health issues, some of which include anxiety, depression, diabetes, liver disease, and heart disease. Many of these conditions may improve after recovery, but some may linger and diminish the quality of life.Mar 31, 2019
What is total abstinence?
While stimulant addicts are of course at the highest risk when using stimulants, “total abstinence” means avoiding other psychoactive substances as well.
Where do you go after hospital?
Rehabilitation services are provided in various settings, such as skilled nursing facilities (SNF), inpatient rehabilitation facilities, nursing homes, rehab units within hospitals, and other specialized settings.
What drugs will disqualify you from the military?
In most cases, people who have used “non-hard” drugs, such as alcohol and marijuana, will be able to enlist. However, those who have experimented with more serious “hard” drugs, such as heroin, ecstasy, and cocaine, will be disqualified.Jun 21, 2020
What happens if you test positive at MEPS?
What is this? If you fail the military drug test as an applicant looking to enlist, you still have a chance to retake the test after 90 days at a Military Entry Processing Station (MEPS). However, if you fail the test twice, you will be permanently disqualified, and will not be able to serve in any military branches.Mar 1, 2022
Can you join the military if you've been to a mental hospital?
According to the Department of Defense, you're disqualified from serving in the U.S. military if you have a current diagnosis or a history of most mental disorders. The presence of any disorder with psychotic features, such as schizophrenia or a delusional disorder, does not allow one to serve.Nov 9, 2021
Talk to Your Employer
Communication is one of your most important assets in any situation, especially when it comes to troubles in the workplace. You must be open and honest with your employer about what is going on in your life—even though the conversation may be difficult—so they can understand your situation.
Insurance Coverage
In the case that your employer does not have any alcohol or drug policies or an EAP to cover you in this situation, insurance companies may be able to provide you with options.
Know Your Rights
There are ways to make the situation clear with your employer—talking with them about your struggles and looking towards insurance for help can move you through the recovery process. However, the matter of whether or not you can be fired for treating your addiction becomes a muddled area.
What is the ADA protection against being fired for going to rehab?
The Americans with Disabilities Act is federal law that prohibits discrimination against employees who have disabilities.
How many weeks of unpaid leave is required for a school employee?
When employers are considered FMLA eligible under these guidelines, they must provide employees who are eligible with up to 12 weeks of unpaid leave yearly when the employee cannot work due to a serious health condition.
What is FMLA protection?
FMLA Offers Protection Against Being Fired for Going to Rehab. The Family and Medical Leave Act provides protection if you take a leave for medical reasons and can provide you with up to 12 weeks of unpaid time off from work annually without the risk of losing your job. The FMLA also calls for existing group health benefits through your employer ...
Can you lose your job if you don't get help?
Committing to treatment is a tough decision, but if you don’t get help, you could lose your job anyway due to your substance use. Let’s take a look at how the law can protect you from being fired for going to rehab.
Can you be fired for going to rehab?
You can’t be fired for going to rehab under these circumstances, according to the ADA. That’s because chemical dependency is considered a disability. The ADA law looks to the time a person is actually terminated to determine whether that employee is currently abusing drugs or alcohol.
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.
Can you be terminated for drinking while on duty?
Federal and state laws do not protect employees who abuse alcohol at work or anyone whose abuse keeps them from doing their job. Employees who drink on the job may be terminated without the accommodations as required under the ADA. While the laws try to provide protections for those going through rehabilitation, there is no reason that any employer should accommodate someone who is drinking while on duty.
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.
The Costs of Not Going to Rehab
When you consider going to long-term treatment for addiction, you might not think of what you could lose by not getting help. If you worry about losing your job for going to rehab, your addiction might continue to get worse. As your addiction gets worse, you might start calling out more frequently due to being hungover or tired.
Going to Rehab Before Things Get Worse
When you go to rehab before problems on the job arise, you lower your chances of being terminated for behaviors that could lead to termination. Your employer cannot fire you for taking time off for drug or alcohol rehabilitation if you are proactive and get into treatment.
Keeping Your Job While in Rehab
According to the Family and Medical Leave Act (FMLA), “ [your] employer may not take action against [you] because [you have] exercised [your] right to take FMLA leave for substance abuse treatment.” Addiction is a chronic health issue.
Getting Drug and Alcohol Treatment While Working
Inpatient and residential rehab can be challenging for people who cannot be away from home for long periods of time. Additionally, you might still need services to continue your treatment after leaving an inpatient rehab facility.
Drug and Alcohol Rehab in Denver, Colorado
Leaving work to enter drug and alcohol rehab at a qualified facility is protected by the law. However, not everyone can enter a long-term inpatient rehab facility. At Continuum Recovery Center of Colorado, we understand you might not be able to leave your home or job during your drug and alcohol treatment.
What are the protections for people in recovery?
Other protections for people in recovery include privacy rules regulated by all of the above Federal Acts, as well as those governed by the Health Insurance and Portability Act of 1996 (HIPAA). Generally, employers cannot use medical information that they learn about an individual in the course of employment in a discriminatory manner. No one can be treated less favorably, if they are qualified to do the job, in the terms and conditions of employment. Employers also must always keep confidential about anything they learn about employee and applicant health conditions. This includes addiction and treatment for substance use disorders.
What is the Americans with Disabilities Act?
The Americans with Disabilities Act is designed to protect people with many different types of disabilities. Under the Act a disability is generally defined as “…a physical or mental impairment that substantially limits a major life activity;” such as basic hygiene, cooking & cleaning, working a regular job, etc. Substance abuse disorders are recognized as disabilities and therefore may be protected by this Federal Act.
Does the Family and Medical Leave Act protect you?
The Family and Medical Leave Act may protect you in the event that you need to leave work to attend treatment, even if it’s for an extended period of time. The U.S. Department of Labor has responded to requests for clarification of these and related rules, and the DOL responded in part with the following:
Can an addict be evicted?
Fortunately, the Fair Housing Act may prevent the eviction of some people who are disabled – including (under some circumstances) those who suffer from addiction or alcoholism.
How to qualify for ADA protection?
To qualify for protection under the ADA based on alcoholism, the employee must be a “qualified individual with a disability.” A qualified individual with a disability must satisfy the job-related requirements and be able to perform the essential functions of the job “with or without reasonable accommodation .”#N#When an employee with a history of alcoholism requests reasonable accommodations to enable the employee to perform his or her job, the employee and employer engage in what is called the “interactive process.” During this meeting, or series of meetings, the employer and employee discuss the accommodations that are possible, including relaxing certain rules.
Can an employer hold an employee with alcoholism to the same rules?
Employers can hold employees with alcoholism to the same rules governing work performance and conduct that apply to all employees. The employer need not excuse behavior that is not tolerated by other employees such as excessive absenteeism, lateness, insubordination, or safety violations. Even if the offending conduct arises from the employee’s alcoholism, the employee may be subjected to the same disciplinary action as other employees.
