Should I tell my employer if I’m in rehab?
Mar 28, 2018 · Your employer can conduct drug tests to detect the use of illegal drugs. If you’d like to know whether your insurance may cover the full or partial cost of rehabilitation at one of American Addiction Centers’ various rehab centers across the states, simply fill in your information in the form below.
Can my employer fire me for going to rehab?
Mar 22, 2022 · Your employer may ask that you complete a return-to-work agreement upon your completion of rehab. A return-to-work agreement is confidential and outlines expectations for both you and your employer. These expectations may include following through with all treatment recommendations and the expectation of abstinence upon your return to work—both of which …
Can I quit my job for drug rehab?
Many companies randomly test their employees for the presence of substances of abuse like marijuana or cocaine, but the point of this testing is to ensure that the workplace is safe for all employees and that no one is actively intoxicated. This can be difficult for drugs that remain in the body for a long time or for important prescription medications like methadone since it …
How do I talk to my boss about my drug rehab?
Nov 01, 2018 · Most workplaces have a policy of random drug tests. If your employer catches a drug like Vivitrol in your test results, you will need to explain that you’re receiving treatment, or risk being fired. In many cases, employers will support your …
What to do if you suspect an employee is on drugs?
If you have a reasonable suspicion of an employee's drug use, so long as you follow your state's laws for performing an employee drug test, there is generally no legal concern. If the test comes back positive, you will usually be clear to terminate, or discipline the employee, for cause.Mar 13, 2017
What happens if you tell your employer you have a drug problem?
In the US, your employer can discipline or fire you if your alcohol or drug use impairs your ability to do your job. However, employers cannot discipline or fire you simply because you tell them you have a substance problem.Aug 28, 2019
What to do if an employee shows up drunk?
If an employee comes to work intoxicated but is not exhibiting violence, have security usher him to a safe place at your business. Contact the human resources department and report the intoxication. Call someone in the employee's family or local law enforcement to have the employee taken home.
Should I tell my employer I have a drug problem?
According to the law, employers who meet certain conditions must make accommodations for those entering rehab and hold your position for you. By law, employers must maintain confidentiality regarding any information they receive regarding the addiction or substance abuse treatment of any of their employees.Oct 7, 2016
What do you tell people when you go to rehab?
Disclosing some of your dishonesty and shortcomings will likely prove to your friends and family that going to rehab is an earnest decision. It is also possible your friends and family already know you haven't been truthful with them and coming clean can also establish a sense of trust.Aug 18, 2021
Can my employer sack me for being an alcoholic?
Employers must act in accordance with any staff policies on drug and alcohol abuse and ensure a fair performance management process is followed. To dismiss an employee for alcohol related reasons an employer could potentially rely on conduct, capability or some other substantial reason depending on the circumstances.Jan 17, 2020
Can you dismiss an employee for being drunk at work?
The employer has to handle addicts like sick and disabled people, and treatment should be part of the employer's strategy. However, being drunk at work constitutes misconduct and an employee can be dismissed. However, a company alcohol policy must be in place and communicated to all employees.
How do you prove an employee is drinking on the job?
' " The only way to be certain that a worker is drunk is to have the worker take a blood alcohol test, a breathalyzer or some similar test, Shea said. An employer should not request or require an alcohol test unless there is "reasonable cause," Shea said.Jan 31, 2017
Can you fire an employee for showing up drunk?
Of course, it raises a major predicament for employers. Courts have determined that employees who show up for work while intoxicated can be terminated for just cause and without notice. However, human rights tribunals across the country count addiction as a disability.Mar 15, 2017
Is alcoholism considered a medical condition?
Alcohol use disorder (sometimes called alcoholism) is a medical condition. It involves heavy or frequent alcohol drinking even when it causes problems, emotional distress or physical harm. A combination of medications, behavioral therapy and support can help you or a loved one recover.Jun 2, 2021
How long do you have to leave work to go to rehab?
It’s difficult to tell your employer that you need to leave work for weeks or months to enter rehab.
How long can you take FMLA?
The FMLA allows people to take a job-protected leave of up to 12 weeks for family and medical reasons, one of which can be drug or alcohol rehab.
Who is Anna Ciulla?
Anna Ciulla is the vice president of clinical and medical services at Beach House Center for Recovery. Anna has an extensive background in psychotherapy and clinical management. Her clinical approach is a three-part blend of evidence-based best practices for treating addiction; solution-focused, strengths-based care; and a strong belief in the healing power of spiritual connection. Learn more about Beach House's rehab programs by visiting their website.
Who is Michael Scott in The Office?
In one memorable episode of The Office, Steve Carrell’s character Michael Scott organizes a workplace intervention for his alcoholic employee Meredith — and his so-called “surprise party for people with addictions” is a total disaster.
Do you have to tell your employer about your health?
As an employee with a health problem, you are entitled to the same degree of privacy as any other employee. You are not legally required to tell your employer the specifics of your condition.
How long can you take off from work for drug rehab?
You can take up to 12 weeks of unpaid time off from work per year under the FMLA to attend rehab. Your employer can ban the illegal use of drugs at your workplace. It is not a violation of the ADA for an employer to give tests for the illegal use of drugs. You can be fired or denied employment if you are currently using illegal drugs.
What to do if you can't find your sobriety?
Understand your legal rights. Knowing your rights under the law will make it easier to ask for the help and resources you need to get better and/or receive the accommodations you need to maintain your sobriety .
What are the laws regarding drug use?
Below is an overview of laws that are useful to know about your drug or alcohol use: 6 1 If you are currently using illegal drugs, you do not qualify as an individual with a disability if your employer decides to take action concerning your drug use. 2 Your employer cannot discriminate against you if you have a history of drug addiction but are no longer actively abusing substances. 3 The FMLA protects you if you take leave for a serious health condition. 4 You can take up to 12 weeks of unpaid time off from work per year under the FMLA to attend rehab. 5 Your employer can ban the illegal use of drugs at your workplace. 6 It is not a violation of the ADA for an employer to give tests for the illegal use of drugs. 7 You can be fired or denied employment if you are currently using illegal drugs. 8 Your employer can conduct drug tests to detect the use of illegal drugs.
Why is it important to talk to your boss about addiction?
Because issues with addiction can spiral out of control, it is important that you talk to your boss as soon as you can. Having an upfront, honest conversation can save you from losing your job down the line. Do your research. Learn about your company’s policies.
What to talk about when you are ready to talk to your boss about entering treatment?
When you are ready to talk to your boss about entering treatment, you may have concerns about job security and confidentiality. In general, people with substance use disorders face stigma in the workplace. Employers may be afraid to hire people with a history of addiction.
What is the ADA?
The Americans with Disabilities Act (ADA) prohibits most employers from refusing to hire, firing, or discriminating against qualified potential employees based on their disability. The law protects workers in recovery from alcoholism or drug addiction and qualifies addiction as a disability. 6
What happens if you test positive for drugs?
If you test positive for drugs during a drug test, this information will be kept confidential, like any medical record. 6 You may also be tested after returning from treatment. If you test positive, your employer may consider you a “current” drug user and terminate your job. 6.
Who to speak to about disability?
Once all the necessary information has been gathered, it’s best to speak to your employer or human resources officer as soon as possible.
What percentage of people with substance abuse issues hold jobs?
They have bills to pay, families to support, and careers to build. According to the Substance Abuse and Mental Health Services Administration (SAMHSA), 76 percent of people with substance abuse issues hold jobs. Many people fear that getting treatment at all will hurt their careers or get them fired. However, there are laws that protect people ...
What is a return to work agreement?
This is a written document containing all of the employer’s expectations for employees coming back to work after completing a treatment program for an addiction disorder. This is typically used in the case that the employer approached the addicted individual for failure to meet work responsibilities or inappropriate behavior related to substance abuse. If the employee then invokes the right to attempt treatment before being fired, it’s likely that a Return-to-Work Agreement will be arranged.
How many people in the US were addicted to drugs in 2009?
According to the National Survey on Drug Use and Health, there were 23.5 million people in the US aged 12 or older who needed addiction treatment in 2009, but only 2.6 million of them received any treatment. Knowing your rights in terms of addiction treatment while employed can be the first step toward getting needed help.
How many people received disability in 2010?
In 2010, there were nearly 11 million Americans receiving disability benefits from the government, so anybody applying for it will not be alone.This is a better option for those who have a more serious, ongoing addiction disorder that has already been interfering with their work.
What is a medical professional?
A medical professional may be able to provide more information on state disability benefits and guide individuals through the application process. It’s also important to know that employers are required to maintain confidentiality regarding their employees’ medical issues.
What is the ADA and FMLA?
Both the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) protect addicted individuals from discrimination and help them get the treatment they need without losing the jobs they need to survive.
Returning to Work After Addiction Treatment
Going to drug rehabilitation is a vital step for your long-term health, and it takes bravery to get away from your life and enter treatment.
What You Need to Talk About When Going Back to Work After Drug Rehab
Going back to work is a big step for someone who has completed rehabilitation. Work provides structure, meaning, and mental and physical occupation — all of which are good for someone who is reentering everyday life after drug treatment.
Legal and Employer Protections Can Help You
The ADA also provides legal protection for people who struggle with addiction because it is a chronic illness that requires consistent treatment — often, behavioral treatment and access to medications.
Help for People Who are Struggling
When you return to work, you may consider working with your employer on a return-to-work agreement (RTWA). This document is best for those who took a sabbatical from work to undergo treatment, but something similar may work well for those entering new jobs.
How to keep your addiction private?
You may think the best way to keep your addiction private is to not use drugs or alcohol on the job. Keep in mind that abusing substances outside of work can still affect your job performance, and many substances stay in your system for a while, so they might show up on drug tests.
What is reasonable accommodation?
In the case of a substance use disorder, a reasonable accommodation might be something like a modified schedule that allows you to attend counseling sessions.
What is the Family and Medical Leave Act?
The Family and Medical Leave Act also guarantees you unpaid time off to get treatment (if you and your employer meet certain eligibility requirements). If you do decide to get treatment, you may wonder how to tell your boss, or if you even need to let them know you’re seeking treatment.
Can you get fired for taking Vivitrol?
Keep in mind that if you’re using medication assisted treatment, this may show up in drug test results. Most workplaces have a policy of random drug tests. If your employer catches a drug like Vivitrol in your test results, you will need to explain that you’re receiving treatment, or risk being fired. In many cases, employers will support your ...
Can you take FMLA time off?
FMLA Allows Employers to Request Proof of Medical Condition. If you decide to take time off under FMLA, you are not required to disclose your condition. But your employer has a right to ask for documentation from a medical provider to verify your condition.
Do you have to make a request for FMLA before rehab?
If you decide to use FMLA, you must make the request before entering re hab, or you will not be protected by the law.
Can employers see how many claims they have made?
They may know how many claims were made overall. They can see how many claims each employee made, but they cannot find out what the claims were for, or the facility names or treatment providers.
Signs of Substance Abuse in the Workplace
Fred represents the estimated 14.8 million Americans who use illegal drugs. According to the National Council on Alcoholism and Drug Dependence (NCADD), about 70 percent of those people are employed.
Benefits of Sending Someone to Rehab
Sending someone to a professional treatment program can save their life, especially if that person is battling an addiction to alcohol, opioids, cocaine, methamphetamine, or benzodiazepines — substances that can produce deadly consequences.
How To Get an Employee To Go to Rehab
If you suspect that an employee or peer has a substance abuse issue, the best way to get them to go to rehab is by conducting an intervention. According to the Association of Intervention Specialists (AIS), research suggests that up to 90 percent of interventions succeed at getting someone into treatment.
Benefits of Professional Treatment
If you suspect that an employee has a substance addiction, then it is critical that they seek professional addiction treatment. Why? Because a reputable, evidence-based program will offer multifaceted therapy and care that treats the entire person, mind, body, and spirit.
Get Help Today
A reputable, professional treatment program can help someone battling an addiction get their life back. Let us help you locate a program that can accomplish that goal.