Can I quit my job for drug rehab?
The stigma of addiction in America and lack of understanding is so frustrating. Its 2022, and tons of people still believe addiction is a “choice” or a “moral issue”. Science has shown addiction to be a brain disease and chemical imbalance for over 2 decades. The common belief is that “ drugs are the cause of addiction”.
Can my employer require me to go to rehab?
Despite what you might think, going to rehab doesn’t mean you have to quit your job. According to the Substance Abuse and Mental Health Services Administration (SAMHSA), approximately 76 percent of people living with an addiction are also employed.
What happens to your career when you go to rehab?
Mar 22, 2022 · Preparing for Rehab Treatment. If you are considering entering a substance abuse treatment program, know your rights and talk to your employer or your employer’s human resources department about taking leave under the FMLA, if applicable. While you do not need to tell your employer your actual diagnosis, you do need to provide enough information to show …
Can I take a leave of absence from my job for addiction?
May 16, 2018 · The Best Way to Tell the Boss That a Time off Is Needed to Go to Rehab Is: Firstly, it is pertinent to know your rights as an employee. Study and understand the FMLA law and how it relates to your position. You can get admissions and detox for drug use if you are eligible, and your job will be secure.
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 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.
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
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 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 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.
Can you be fired for addiction?
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.
A Quick Glance at Rights
Employers may have a personal bias when it comes to stereotypes they have about the type of person who suffers from addiction. They may feel uneasy about an individual with a gap in their work history no matter what the reasons.
Before and After Seeking Help
If an employed individual suffers from drug or alcohol dependency or addiction, the first step towards getting the help they need while working to maintain job security involves proper communication with one’s employer.
Page Sources
EMPLOYEE ASSISTANCE PROGRAMS, https://www.opm.gov/policy-data-oversight/worklife/employee-assistance-programs/
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? 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.
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.
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.
What happens when you go to rehab?
When you complete rehab, you work on your addiction issues and other mental health issues that have probably taken up much of your thought and energy.
How long can you take FMLA?
You are allowed 12 weeks of medical leave in a 12-month period. If you choose to enter an inpatient drug rehab program, the FMLA law protects you from being terminated.
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.
How to resign from a job?
Follow the steps below the properly resign from a job: 1. Start by deciding whether it’s the right time. Taking time to thoughtfully consider why, when and how you should leave your job can ensure you make the best possible decision, find new opportunities and leave your current role gracefully. Even if you’re feeling frustrated, take time ...
How long do you have to leave your job after resigning?
After you’ve informed your employer of the resignation, you’ll likely have two weeks (or more) left in your role before you officially leave. During this time, you’ll want to complete standing projects and work with your supervisor to determine who should take over any work you won’t be able to complete in your notice period.
How to write a letter of resignation?
Write a brief resignation letter. Be sure to include the following: 1 A statement that you’re resigning 2 Date on which your resignation is effective 3 Why you are leaving (optional) 4 Thank you (optional) 5 Signature
What to do if you leave your current employer?
If you are leaving your current employer for a position with a competitor, be prepared that you may be asked to return your equipment and leave the same day you provide your notice. This is a standard practice in place to prevent employees from sharing any company data with a competitor. 7.
How long do you have to give notice to an employer?
Two weeks' notice is the standard length of time to give an employer before you leave. However, if you’ve signed an employment contract, make sure you’re honoring any rules around the length of notice. Image description. Two Weeks Notice Letter Format. 1.
Is a job more than a method of earning money?
In some cases, a job may be more to you than simply a method of earning money. Depending on how long you’ve been with an organization, you may have developed strong bonds with your co-work ers and leaders, developed new skills, worked your way up to a high-level position, taken on greater responsibilities and grown as a professional. Your experiences from your current job likely helped you earn your new opportunity, so it’s important to show your gratitude.