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
Will I Lose my job if I go to drug rehab?
Feb 28, 2018 · In many cases, the ADA will protect you from losing your job while allowing you to take time off under the FMLA Act or allowing you to work while you attend rehabilitation classes and therapies after work each day. This FMLA protection is generally available to any government or state employee, or any company with more than 15 employees.
Can I keep my job if I’m in recovery from addiction?
Sep 11, 2020 · When exploring how to go to rehab and keep your job, it is helpful to know the different treatment options that are available to you. You may need a shorter stay or one with flexible hours that allow you to continue working as you recover. For instance, there are four primary types of treatment programs: Long-Term Residential Treatment:
Is going to rehab a good way to protect your job?
Sep 14, 2016 · Comply with any “Return-to-Work” agreement that your employer may have prepared. One more, very important point –addiction is a protected disability, but addictive behaviors are not. If you show up to work drunk or high, commit a crime, miss too many days, etc. – you will lose your job.
Can my employer require me to go to rehab?
Remember that sometimes it’s better to lose a job that’s doing you more harm than good. You need positive energy in your life before, during, and after recovery. A stressful job could do damage to your recovery than the income or benefits it provides. Keep in mind that new jobs have probation periods for insurance coverage and drug tests. Setting up counseling appointments …
Does my job have to 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 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
What do you do when someone won't go to rehab?
If Your Loved One Is Refusing Treatment:Positively Encourage Them.When All Else Fails, Don't Use Guilt. ... Offer Support. ... Stop Funding. ... Start With The Medical Approach. ... Decipher The Situation. ... Educate Yourself. ... Admit It To Yourself. If you're in denial, it's not helping anyone. ... More items...•Nov 12, 2021
Can you be fired for being an alcoholic in Canada?
Human rights laws prohibit discrimination on the grounds of disability. Addiction is considered to be a disability and, as such, an employee cannot be fired for being addicted to substances such as drugs or alcohol.
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.
Are there different levels of addiction?
While there are many factors that contribute to drug and alcohol addiction, including genetic and environmental influences, socioeconomic status, and preexisting mental health conditions, most professionals within the field of addiction agree that there are four main stages of addiction: experimentation, regular use, ...
What is a interventionist?
An interventionist is a mental health specialist who can diagnose the issue and build a strategy to solve it. He helps the patient come out of his trauma by intervening in the patient's life and treating the hidden psychiatric disorder.Mar 20, 2021
How do you help someone who doesn't want to stop drinking?
Learn how to help an alcoholic that doesn't want help.#1 Accept You Can't Do the Work For Them. ... #2 Enlist People They Trust. ... #3 Set Healthy Boundaries. ... #4 Don't Shame or Blame. ... #5 Acknowledge How Difficult This Is. ... #6 Stage an Intervention. ... #7 Take Care of Yourself. ... References.
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
Is alcohol addiction a disability?
Under federal disability rights laws, alcohol addiction, whether current or past, is typically considered a disability due to the effects it has on a person's brain and neurological functions and is protected by the ADA.Mar 10, 2022
Is drug Addiction a disability in Canada?
Drug and alcohol addictions are disabilities under the Code.
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.
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.
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.
Is substance abuse a negative thing?
The majority of substance-addicted individuals are active members of the United States workforce. Substance abuse in the workplace can lead to unparalleled negative consequences for your reputation, career and safety. Rehab treatment could be the last stop in ensuring you keep your job.
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).
What is the ADA?
Americans with Disabilities Act (ADA) – Addiction and mental illness are disabilities that deserve certain anti-discrimination protections in a job setting, according to the ADA. Employers that employ 15 or more people are bound by the ADA’s provisions. These include job protections for those who are currently enrolled in a rehab program ...
How long is FMLA?
employees are entitled to 12 weeks of unpaid, job-protected medical leave.
Can an employer fire you for being absentee?
Because your employment is likely “at will,” meaning you are employed by your own free will, an employer can fire you if they detect absenteeism or negligence on the job. This outcome becomes more likely the longer you let a mental health problem go untreated, leaving you vulnerable to absenteeism and negligence on the job.
What happens if you go back to work?
When you go back to work, bear in mind that if your employer discriminates against you because of your condition, that is against the law. They have a legal duty to treat you like any other person with a medical condition— and are also bound by HIPAAA laws that protect your health privacy.
What is an IOP?
This treatment option serves as a middle ground between inpatient and outpatient. IOPs are a great choice if you do not require 24-hour supervision or medical detox. They usually offer more support and more services in comparison to basic outpatient treatment. Also, they provide a specific number of weekly hours for structured individual, group, and/or family therapy. As a plus, they also provide education on mental disorders and substance use.
How long does it take to get treatment for long term addiction?
Residential treatment involves a multi-week stay at a facility, where you live, work, and play in a structured environment. Many of these programs consider 90 days as the minimum amount of time needed to address long-term addiction issues.
Is outpatient treatment more expensive than residential treatment?
Moreover, outpatient treatment has various services it offers. If costs are an issue this option is typically less expensive than residential treatment. This makes it a great option for people with jobs or other day-to-day responsibilities that require their participation. Typically, this will consist of group meetings several times a week. In many outpatient options, group and individual therapy play a major role in the process. There are also outpatient programs created to treat patients with medical or mental health problems in addition to their specific drug disorders.
What to remember after treatment?
One helpful thing to remember on your journey is that life goes on after treatment. You have a lot to look forward to, and this includes a smooth transition returning to work. In fact, you will likely return to your job stronger and more efficient than ever. As DrugAbuse.gov puts it,
Should I go to rehab or keep my job?
Now that you understand how to go to rehab and keep your job, it is a good idea to consider professional treatment. The sooner you get help for your addiction, the better the outcome.
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.
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 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.
“Can My Employer Fire Me For Going to Rehab?”
Laws to Protect Your Job When You’Re in Rehab
- The following laws are worth being familiar with if you’re thinking about going to rehab. 1. Family Medical Leave of Absence Act (FMLA)– Under the terms of the FMLA law, a substance use disorder and/or other mental illness qualifies as a “serious health condition” for which some U.S. employees are entitled to 12 weeks of unpaid, job-protected medical leave. When our Director o…
The Importance of Correct Interpretation and Application of These Laws
- It’s important that you utilize these laws properly— as in proactively before you can be legitimately cited for job negligence and/or drug or alcohol abuse in the workplace. For example, exercising FMLA benefits for drug addiction requires that you let your employer know in advance with a physician’s note. Taking this initiative to have a conversation with your employer—as opposed t…
Your Career After Treatment
- Related to worries about job security are concerns about what happens in a job after treatment. Many people wonder what returning to work will feel like, in terms of how they will be received by their boss and colleagues and what “reintegration” will be like. Be assured that there is life after rehab, including in the career that you took time away from and the work relationships you put o…