Your employer is required to make reasonable accommodations, such as change your work schedule so you can attend AA/NA meetings or allow you to take a leave of absence to attend alcohol and drug rehab. Read on to see how the Family and Medical Leave Act (FMLA) can protect you from losing your job while in treatment.
Full Answer
Can I Lose my job while in alcohol and drug rehab?
Sep 14, 2016 · Complete your recommended treatment plan – do not leave residential rehab early. Continue with ongoing aftercare – outpatient drug rehab, drug tests, etc. Attend 12-Step fellowship meetings such as Alcoholics Anonymous or Narcotics Anonymous. Comply with any “Return-to-Work” agreement that your employer may have prepared.
Can I take a leave of absence from my job for addiction?
Mar 16, 2021 · However, our inpatient rehab program and inpatient drug and alcohol treatment program for professionals are not the only option for treatment, and depending on the level of care you need, we also offer an intensive outpatient program that will not stop you from working. Even in the rare case that you do not qualify for FMLA, being open and honest with your …
Can I get fired for going to alcohol rehab?
Mar 22, 2022 · FMLA provides up to 12 weeks of unpaid—and not reimbursable—leave for qualified individuals to seek treatment for a SUD or AUD or to help a loved one struggling with addiction without being fired. 2 It allows access to group healthcare benefits during that time to help cover treatment costs and resets annually. 2.
Can I keep my job while receiving substance abuse treatment?
Aug 04, 2020 · For some workers, especially those who need medical detox or have more severe addictions, going to full-time inpatient drug or alcohol rehab during an FMLA-protected leave may be the best option. People with a less severe addiction may consider outpatient rehab or telehealth counseling as alternatives to inpatient care.
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
Can you lose your job if you're an alcoholic?
While employers are free to terminate and can refuse to hire anyone whose alcohol or drug use impairs their ability to perform the duties of their job, employers cannot fire or take other negative employment actions against an employee because of their status as an alcoholic or drug addict. California and federal laws ...Apr 30, 2017
What is the success rate of people who go to rehab?
An estimated 43 percent of all people who go to drug rehab successfully complete their treatment programs, while another 16 percent are transferred to other rehab centers for additional treatment. Rehab success rates for those who complete drug and alcohol detoxification are a combined 68 percent.May 29, 2019
What happens when you get 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
Is alcoholism considered a disability?
For example, the California Fair Employment and Housing Act (FEHA) treats alcoholism as a disability. FEHA defines disability to include impairments that limit the ability to work. The ADA has a higher standard, requiring that a disability substantially limit an individual's ability to work.
What to do if an employee is drinking on the job?
Remain calm and nonjudgmental. Don't make accusations, but mention the employee's unusual behavior. If you suspect the employee is currently under the influence, now is not the time to address any associated performance issues. Instead, emphasize your concern for the employee's well-being.
What's the success rate of AA?
Alcoholics Anonymous' Big Book touts about a 50% success rate, stating that another 25% remain sober after some relapses. A study conducted by AA in 2014 showed that 27% of the more than 6,000 members who participated in the study were sober for less than a year.Mar 3, 2022
How many treatment centers are in the US?
In the United States, more than 14,500 specialized drug treatment facilities provide counseling, behavioral therapy, medication, case management, and other types of services to persons with substance use disorders.Jan 17, 2018
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.
What did Chris feel was the contributing factor to finally getting sober?
32. What did Chris feel was the contributing factor to finally getting sober? Chris believed the factor of finally getting sober was going to the pot sink, and having to wash dishes for 18 hours a day at rehab. 33.
How many substance abusers are employed?
The stereotype According to the Substance Abuse and Mental Health Services Administration, three-quarters of substance abusers are employed, but only about 1 in 10 are in treatment.
What are the biggest fears of substance abusers?
One of the biggest fears for many active substance abusers is the worry about the repercussions to their job or position if they admit to having a problem and need to take time off to go to treatment.
What is the ADA? What are the rights of an addict?
The Americans with Disabilities Act is one that is designed to protect all persons with disabilities, including those who suffer from disabling addictions. This law applies to all employers who employ 15 or more persons. While the ADA may not protect your job if you are using illicit substances while at work or if you are performing poorly due to your drug or alcohol use, it does protect those who are currently enrolled in a drug or alcohol rehab program and are no longer using alcohol or illicit substances. When drug use is not defined as "current," you are entitled to reasonable accommodations just as any other individual who suffers from a disability. This may include an adjustment in your schedule so that you may attend alcohol or substance abuse treatments or a temporary leave of absence to seek inpatient treatment for addiction. It is important to note that you must be the one that initiates the conversation about your addiction to your employer in order for the ADA to protect you. If your employer initiates the conversation and it results in a suspicion drug test, your job is not protected.
How long does an employee have to work to be protected under FMLA?
Under the Family and Medical Leave of Absence Act, employees' jobs are protected for up to 12 weeks for a 12 month period during leaves of absences for medical reasons of your own or your immediate family, including for the treatment of a serious medical condition. For those who suffer from addiction, this may mean that they will need a referral for treatment from a healthcare provider in order to have their addiction qualify as a "serious health condition." In order to qualify for FMLA for rehab, an employee must have worked for the company or organization for more than 12 months and must have worked more than 1250 hours in the past 12 months. Further, only those employers who have more than 50 employees within a 75-mile radius are required to adhere to FMLA laws. Even with these specifications, many employees find that their jobs are protected under FMLA law. However, disclosure regarding addiction treatment is imperative to job protection under the law.
What is the ADA?
Together, the Americans with Disabilities Act (ADA), the Mental Health Parity and Addictions Equity Act, the Affordable Care Act, and the Family Medical Leave of Absence Act help to protect those who seek treatment for addiction while employed.
Does Medicare cover mental health?
According to the Centers for Medicare and Medicaid Services, mental health and addiction treatment must be treated in the same manner as physical health treatment under the Mental Health Parity and Addictions Equity Act (MHPAEA). For those who suffer from addiction, this means that your employer-provided health insurance benefits are required to cover addiction treatment just as they would treat for diabetes or high cholesterol. While the MHPAEA does not require that employers include mental health and addictions coverage in their insurance package, the Affordable Care Act (a.k.a. "Obamacare") does require insurers to include addictions treatment as part of their 10 essential health benefits. Because of these laws, addiction is considered to be a serious health condition that can be covered under the Family and Medical Leave of Absence Laws.
How does substance abuse affect your job?
Signs that substance abuse may be affecting your job performance include: Performance issues. Problems finishing tasks at work.
Why do I leave my job?
Absences because of substance abuse. Punctuality problems. Inability to keep a job/frequently changing companies. A prolonged pattern of such behaviors can ruin your work reputation and lead to your termination. Employers are protected by federal law that allows them to create a drug-free workplace.
What is EAP in employment?
Therefore, many employers provide employee assistance programs (EAPs). EAPs provide a variety of options and services for substance abuse and mental health related problems, including on-site, in-person and telephone-based services.
Who is Trey Dyer?
Trey Dyer is a writer for DrugRehab.com and an advocate for substance abuse treatment. Trey is passionate about sharing his knowledge and tales about his own family’s struggle with drug addiction to help others overcome the challenges that face substance dependent individuals and their families. Trey has a degree in journalism from American University and has been writing professionally since 2011.
What is inpatient treatment?
Inpatient treatment programs require individuals to take a leave of absence from work to focus solely on recovery; however, many inpatient programs will work with people to accommodate their work-related needs. Quality inpatient programs aim to help patients acclimate to treatment however possible, such as providing extra access to computers or additional time for job-related phone calls.
How much does substance abuse cost the US?
Substance addiction costs the nation about $276 billion per year, mostly in lost work productivity and health care costs. Many employees in the workforce struggle with substance addictions. Additionally, it is more cost-effective to provide treatment and rehabilitate a substance-addicted employee than to replace the individual. Therefore, many employers provide employee assistance programs (EAPs).
Is substance abuse a concern for employers?
Substance abuse in the workplace is a major concern for employers, as employees who work under the influence of drugs or alcohol typically cost more to employ, are less productive and can create potentially dangerous situations for others or themselves. Employees who abuse drugs or alcohol are 3.5 times more likely to be involved in a workplace accident and have health care costs double those of other employees.
What is FMLA for addiction?
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. Once you enter a rehabilitation program, you’re protected by the ADA and cannot be fired for reasons related to your addiction or the treatment process, even if it causes you to miss work. If you are fired, you can file a charge of discrimination against your employer. This applies to all state and local government employers and private companies with 15 or more employees. Under the FMLA, qualified employees can take 12 weeks of medical leave for issues that include addiction disorders each year. Unfortunately, this leave is generally unpaid unless the employer chooses to provide paid leave. This may not be an option for part-time or contract employees or for those who cannot afford to go several weeks without pay.
What is complete abstinence?
Complete abstinence from alcohol and/or drugs except those prescribed by a doctor. A period of regular drug testing. Compliance with all addiction treatment professionals’ recommendations. Agreement to monitoring of compliance by the company, including getting updates from medical professionals.
How much does drug abuse cost the US?
After all, drug and alcohol abuse costs the US over $700 billion each year, mostly from workplace accidents, crime, healthcare, and loss of productivity.
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.
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.
Is addiction a mental illness?
However, there are laws that protect people with addiction disorders from workplace discrimination and particularly from being fired for addiction, which is considered to be a legitimate mental illness.
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.
Why do people avoid rehab?
Many people avoid rehab for substance abuse because they fear losing their job or experiencing social stigma at work. Today, federal laws and workplace policies are in place to protect people who want to recover from addiction. Understanding your rights as an employee and having a plan can help you keep your job during treatment.
What is the best treatment for addiction?
People with a less severe addiction may consider outpatient rehab or telehealth counseling as alternatives to inpatient care. These types of programs are more flexible, potentially with minimal interruptions to your work schedule.
How long is FMLA?
Several federal laws protect your right to work in recovery. The most important of these is the Family and Medical Leave Act (FMLA), which provides 12 weeks of unpaid, job-protected leave per year for serious health conditions, including addiction.
What to do if you are on FMLA?
Your employer may ask you to fill out paperwork regarding your unpaid time off if you’re using FMLA. They may also ask you to sign a Return-to-Work Agreement, explaining what’s expected of your return. These agreements may include: Complying with all treatment recommendations from your rehab provider.
How many hours do you need to work to qualify for unemployment?
To qualify, the employee must: Work for their employer for at least 12 months and at least 1,250 hours over the past 12 month period. Work at a location where the company employs at least 50 people within 75 miles or is a public agency, elementary or secondary school.
Does the ADA protect you from discrimination?
This will largely depend on your employer and the company culture where you work. The ADA protects individuals from discrimination based on a disability, including being in recovery after drug or alcohol use. However, people in recovery should be prepared for others to treat them differently after rehab.
Can you be fired for taking FMLA?
So, while you cannot be fired for taking FMLA, you can still be fired for the underlying substance abuse issue, depending on your employer’s specific policies.
What is FMLA for employers?
According to the United States Department of Labor, FMLA “Entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.” Under the terms of the FMLA, alcoholism and addiction are legitimate health-related reasons for a time off request. Generally an employer doesn’t need to know the specifics of your case, just that you’ll be taking a health-related leave that involves a hospital stay. To qualify for FMLA, you must be work for a business with 50 or more employees, and have worked there for at least 12 months.
Is the ADA a disability?
Under the ADA guidelines, an employee is protected from discrimination if that employee has a disability and both alcoholism and drug addiction are considered by this Act to be disabilities. Although the ADA pertains only to those employed by companies with more than 15 employees, it’s helped many Americans address their addictive behavior without losing their job.
How does addiction affect work?
Whether or not you realize it, addiction may be affecting your performance at work. You might find yourself falling behind on responsibilities, skipping shifts or being unable to focus. When it comes to letting your employer know about your decision to go to rehab, you should emphasize that you’re prepared to take the necessary steps to get help.
Why do people avoid getting treatment for drug addiction?
Many people avoid getting treatment for a drug or alcohol addiction because they fear doing so could hurt their career or prevent them from getting hired by future employers. However, you could be doing yourself a bigger disservice by not getting the help you need.
How to prove medical necessity?
Criteria for Proving Medical Necessity 1 You have a substance-related disorder, as defined by a DSM-5 diagnosis. 2 You are strong enough mentally to benefit from rehab. 3 You have shown a pattern of moderate to severe substance use and/or addictive disorder. This is displayed in your social and familial life, as well as your educational or occupational performance. 4 You present a serious, imminent physical harm to yourself or others directly related to current abuse of substances, such as medical and physical instability, which would limit your ability to get treatment in a less-intensive setting. 5 One of the following must be met to satisfy criterion E:#N#Despite a recent (i.e., the past 3 months) intervention by professionals, you are continually unable to maintain sobriety, or#N#You are living in a severely dysfunctional living environment which doesn’t allow for effective rehabilitation treatment at a less-intensive level of care and alternative living situations are not available or clinically appropriate, or#N#There is evidence that you are not likely to respond at a less intensive level of care. 6 Your condition is appropriate for residential treatment, as there is not a need to detox at an inpatient hospital. You do not have significant co-morbid condition (s). 7 You demonstrate motivation to manage symptoms or make behavioral changes, as shown by attending treatment sessions, completing therapeutic tasks and adhering to a medication regimen or other requirements of treatment. 8 You are capable of developing skills to manage symptoms or make behavioral change.
What to do if you feel discriminated against at work?
If you feel you’ve been discriminated against at work after deciding to get treatment, you can file a charge of discrimination against your employer with the U.S. Equal Employment Opportunity Commission.
Why is it important to go to a treatment program?
If you or your loved one are concerned about losing your job by enrolling in a treatment program, it’s important to understand that your choice to get help is protected by various laws and acts that provide job security. By choosing to go to treatment, you will not only be enhancing your career opportunities by getting sober, but your overall quality of life.
What is Jeffrey Juergens's degree?
Jeffrey Juergens earned his Bachelor’s and Juris Doctor from the University of Florida. Jeffrey’s desire to help others led him to focus on economic and social development and policy making. After graduation, he decided to pursue his passion of writing and editing. Jeffrey’s mission is to educate and inform the public on addiction issues and help those in need of treatment find the best option for them.
How long can you take unpaid medical leave?
And, for those who qualify, the Family and Medical Leave Act allows employees to take 12 work weeks of unpaid, job-protected leave due to specified family or medical reasons within a 12-month period. This includes the ability to receive treatment at a rehabilitation facility for drug and alcohol use.
How many weeks of unpaid leave can an employer give an 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 the ADA?
The Americans with Disabilities Act is federal law that prohibits discrimination against employees who have disabilities. Keep in mind an “individual with a disability” doesn’t include a person who is currently using illegal drugs. 3 Under the ADA, an employer can terminate an employee if they are using drugs or alcohol on the job, if substance use impacts performance or productivity or if substance use creates unsafe conditions on the job. 3
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 ...
What is FMLA for employers?
The FMLA also calls for existing group health benefits through your employer to be maintained during your leave. 1 A substance use disorder is considered a medical condition. 2. The FMLA applies to all public agencies, all school employees and businesses with 50 or more workers. When employers are considered FMLA eligible under these guidelines, ...
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 long does it take to relapse from an addiction?
The majority of people who try to give up an addiction will fail – most of these individuals will re lapse within the first couple of days of quitting. It often takes repeated attempts before the individual is finally able to break free of alcohol or drugs, and some people never get to this point. There are a number of reasons for why people fail ...
Why do people fail to overcome addiction?
The majority of people who try to give up an addiction will fail – most of these individuals will relapse within the first couple of days of quitting. It often takes repeated attempts before the individual is finally able to break free of alcohol or drugs, and some people never get to this point.
What happens when you hit rock bottom?
The individual will keep on going until they hit a rock bottom where they become unwilling to lose anything more – for some people their rock bottom will be so low that they will be unable to recover from it. * The longer the individual remains addicted the more their family and friends will suffer.