You can even ask for a leave of absence to attend drug rehab, Heathfield says. But you may want to keep the true reason for your leave under wraps, referring to it instead as a "medical treatment my physician recommended." "Of course," Heathfield says, "a lot depends on your relationship with your employer."
Full Answer
Can I take leave from work to go to rehab?
Dec 06, 2017 · The following are a few of the ways for someone to take a leave of absence from work for short-term rehab in Utah. Family and Medical Leave Act (FMLA) First and foremost, anyone who’s concerned that addiction treatment will jeopardize his or her career should know that there are certain laws in place that protect individuals from the loss of their job due to …
Do you need a leave of absence from work?
May 16, 2017 · Using the Family and Medical Leave Act (FMLA) to Go to Rehab. Millions of individuals in the United States who suffer from an addiction to drugs or alcohol are unable to seek treatment due to the fear of losing their job or being away from family for an extended period of time. The Family and Medical Leave Act now makes it possible for many individuals to …
Can you take a leave of absence under the FMLA?
Mar 22, 2022 · Individuals may receive up to 12 weeks of unpaid leave through the FMLA for a variety of reasons, including: The birth of an employee’s baby. Placement of an adoptive or foster child with an employee. Caring for a seriously ill immediate family member, such as a spouse, child, or parent. Caring for an employee’s own heath during a serious ...
How can I get time off work for medical reasons?
Apr 16, 2021 · The Best Way to Ask for a Leave From Work. Start the leave of absence process with your immediate supervisor: You don't want your direct supervisor to hear the news from HR or upper management first. Additionally, don't mention your desire to take a leave of absence to coworkers until you clear it with your manager.
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.
Is drug Addiction a disability in Canada?
Drug and alcohol addictions are disabilities under the Code.
Which of the following is an example of dismissal for just cause?
Theft and fraud constitute serious misconduct which, even if isolated, may amount to just cause for termination. Examples of such behavior include improper use of company funds, wrongful use of the employer's property, abuse of sick leave and conducting personal business on company time.Nov 11, 2014
What Is A Leave of Absence?
A leave of absence (LOA) is an extended period of time off from your job. Depending on the organization, you may simply be able to ask for time off...
Before You Ask For A Leave
Regardless of why you're asking for a leave, it's important to approach the request properly to create minimal backlash and maintain your good stan...
How to Request A Leave of Absence
Here are some tips for requesting a leave of absence, with letter examples you can use to get ideas for your own correspondence.1. Know your rights...
Eligibility For Medical Leave of Absence
According to the U.S. Department of Labor, The FMLA law covers employees who have worked for their employer for at least 12 months; have worked at...
Letter Example Requesting A Leave of Absence from A Job
This leave of absence example letter provides a written request for a leave of absence from work for personal reasons. The letter offers to answer...
How many hours do you need to work to get FMLA?
have worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave. work at a location where at least 50 employees are employed at ...
What are the requirements for FMLA?
Eligibility for a leave of absence protected by FMLA is dependent on several different variables, and not everyone will be protected. There are certain groups of people who will be protected no matter what—these include State, local and Federal employers, and local education agencies (schools). For the rest of the population, in order to be eligible for FMLA leave, an employee needs to work for a covered employer and: 1 have worked for that employer for at least 12 months. 2 have worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave. 3 work at a location where at least 50 employees are employed at the location or within 75 miles of the location.#N#(U.S. Department of Labor)
What drugs are most commonly treated in rehab?
Some of the addictions that are most commonly treated in rehab centers are alcohol, cocaine, PCP, heroin, prescription opioids, crystal meth, ecstasy, prescription sedatives, and more. Deciding to go to rehab can be a difficult choice and you’re likely to have a lot ...
What is FMLA in medical terms?
What Is The Family Medical Leave Act? The Family Medical Leave Act of 1993 (FMLA) is a federal law that requires employers to provide protected employees with a leave of absence for up to 12 weeks in a 12 month period for certain medical and family reasons.
Why is quitting a drug so hard?
There are a lot of reasons that people are protected, and first of all the National Institute on Drug Abuse states that “drug addiction is a complex disease, and quitting usually takes more than good intentions or a strong will. Drugs change the brain in ways that make quitting hard, even for those who want to.
Can you be fired for going to rehab?
In some cases a person can be fired from a job for going to rehab, however, an employee can not terminate a person who has opted to use FMLA to go to treatment. “If, however, the employer has an established policy, applied in a nondiscriminatory manner that has been communicated to all employees, that provides that under certain circumstances, ...
Does FMLA pay you while in rehab?
The Family and Medical Leave Act (FMLA) does not ensure that an employee gets paid while in rehab, that’s up to the employer, but chances are they will not pay you. The point of FMLA is that a person keeps their job, or will be rehired after rehab for a similar job with equal pay. So essentially this act “provides certain employees ...
What is FMLA in addiction?
The FMLA is a great part of a larger societal effort to destigmatize addiction. As the American Society of Addiction Magazine points out, the cultural lexicon surrounding addiction tends to be dismissive and discouraging; words like junkie or crackhead demonize the individual instead of seeing them for who they are – a person struggling with a disorder.
What is the difference between the ADA and the FMLA?
Just as the FMLA was designed to give American workers more home-life balance, the Americans with Disabilities Act was designed to give disabled American workers the same opportunities as those without disabilities.
What does FMLA mean in school?
Any public or private elementary or secondary school. If an individual’s employment status meets these requirements, and they need to take time to enter substance abuse treatment, the FMLA ensures that they will have a job waiting for them when they return.
How many weeks of unpaid leave does FMLA give?
However, it is important to note that the FMLA only provides employees with 12 weeks of unpaid leave; individuals who take leave will have to account for this time through other means of income.
What is FMLA in recovery?
A stable life, including a support system and a steady job, is essential to a healthy recovery. And thanks to the Family Medical Leave Act (FMLA), individuals who seek out treatment for substance abuse can get the treatment they need and still have a job to come back to.
How many people are affected by drug addiction?
According to the Open Society Foundations’ publication, Defining the Addiction Treatment Gap, alcohol and drug addiction affects approximately 23.5 million Americans. However, only 2.6 million (about one in 10) of these people will receive the treatment they need to attain and maintain their sobriety.
How many questions are asked in the substance use evaluation?
The evaluation consists of 11 yes or no questions that are intended to be used as an informational tool to assess the severity and probability of a substance use disorder. The test is free, confidential, and no personal information is needed to receive the result.
How to determine leave of absence?
Research your organization's policy regarding leaves of absence and determine whether your situation is addressed under the policy. Here are some things to keep in mind: 1 The Family and Medical Leave Act requires employers to provide employees with time off (without pay) for serious family and personal medical conditions requiring care, for the birth or adoption of a child or the placement of a child into foster care with the employee, and for emergencies arising from a family member’s active military duty. 2 2 Some states and local municipalities have legislation that provides for paid sick leave. 3 3 Employees are also entitled to a leave of absence for jury duty or if they're called into active military duty. 4 Employers are not, however, required to give you a leave of absence simply because you want one.
What is leave of absence?
A leave of absence is an extended period of time off from your job. 1 . Depending on the organization, you may simply be able to ask for time off from work. Or there may be a formal process you need to follow to get approved for a leave of absence. In most cases, a leave of absence is an agreement between an employee and an employer.
How to ask for leave from work?
The Best Way to Ask for a Leave From Work. Start the leave of absence process with your immediate supervisor: You don't want your direct supervisor to hear the news from HR or upper management first. Additionally, don't mention your desire to take a leave of absence to coworkers until you clear it with your manager .
What to consider before requesting a leave?
Before you request a leave, consider how flexible you can be if your employer isn't able to give you the time you requested. If a partial leave will enable you to meet your goals, explore the feasibility of reducing your hours: In some cases, a partial leave is preferable for all involved.
What to do before submitting a request?
Before submitting a request, be sure to familiarize yourself with your company's policies. You should also have a well-practiced explanation on hand. Make a decision before broaching the topic about what your next move will be if your request is turned down.
What to do if your job is denied?
Plan your finances prior to filing your request: Make sure you can pay your bills without the normal cash flow from your job.
What is family leave?
The Family and Medical Leave Act requires employers to provide employees with time off (without pay) for serious family and personal medical conditions requiring care, for the birth or adoption of a child or the placement of a child into foster care with the employee, and for emergencies arising from a family member’s active military duty. 2 .
FMLA & ADA Protection
The Family and Medical Leave Act (FMLA) legally provides employees with 12 weeks of unpaid leave every calendar year, assuming they meet a specific set of criteria. Because drug addiction is considered a diagnosable medical condition, FMLA protects an individual’s job security while they seek drug rehab and other behavioral healthcare services.
The ADA
The Americans with Disabilities Act (ADA) is a federal law protecting employees who struggle with a disability of any kind, physical or psychological. If you require professional addiction treatment and you take an extended leave of absence, you cannot be terminated under ADA.
Talking to Your Employer
Before admitting yourself to drug rehab it is a good idea to decide whether or not you’re going to speak to your employer. If you decide to take an FMLA leave your confidentiality is protected.
The Plymouth House & Life Skills Training
When people struggle with active addiction they often find it difficult to hold down a job for a significant amount of time. They might repeatedly get fired for showing up intoxicated or simply not showing up at all. They might settle for a job wiping down tables at a chain restaurant despite their college education and immense untapped potential.
Educational Assistance
In some instances a guest will realize that returning to school is a better option than returning to work a low-level position. Many of our clients dropped out of school when they began abusing chemical substances. We help clients re-enter into the schooling system if they so choose, and either apply to college or obtain their GED.
Begin Your Personal Journey of Recovery Today
If you or someone you love is currently employed and is in need of a drug rehab program, there are numerous resources available. Don’t let a fear of unemployment or scrutiny from employers or coworkers prevent you from living the healthy and fulfilling life you deserve.
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.
How many hours can you work to qualify for FMLA?
For an employee to be eligible for FML, he or she must have worked at least 1,250 hours and held employment at the company for a year or more.
How do I know if I'm being abused in the workplace?
Signs that substance abuse may be affecting your job performance include: Performance issues.
What is a facility admission team?
Facility admission teams work with individuals entering treatment to address any concerns they may have. Case managers will also act on clients’ behalf to assist with legal and job-related tasks, as well as update individuals’ employers and properly document an employee’s treatment progress.
How many days a week is outpatient treatment?
Many outpatient programs include one to three days a week of clinical treatment, while allotting the additional days and time for working.
Do you have to take leave of absence to go to rehab?
However, some rehab programs require the individuals to take a leave of absence to focus on recovery. 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.
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.
How long does FMLA last?
The FMLA is intended only to protect employees from being terminated for needing to take a leave up absence for up to twelve weeks. The employer is required to hold a person’s position or offer them a comparable position with equal pay.
What is the ADA and FMLA?
The ADA and FMLA offer employment protection to women and men that meet criteria and struggle with addiction to drugs or alcohol. These protections can work to reduce stress for someone who is ready to go to rehab.
How many weeks of FMLA do you have to be in a child's care?
Some FMLA approved circumstances for these twelve weeks include: Caring for a child from birth up to one year of age (twelve weeks to be taken within 12 months of birth) Adopting or foster care child being placed in your care, up to one year of initial placement.
What is a return to work contract?
Many employers require employees to submit to a contract often called a “Return to Work” agreement. This contract offers a list of expectations for the employee and employer when they return after treatment, as well as what will happen if the employee relapses.
How does addiction affect recovery?
Some of the ways that addiction can affect a person in recovery include problems with attention, executive function, non-compliant behaviors, stress, and feeling worn down. An employer or potential employer can require a drug test of employees or potential employees without being in violation of the ADA.
Do you give notice to employers when you use FMLA?
Employees are encouraged to give employers as much notice as possible when they are attempting to use FMLA and to supply enough information to the employers to determine if the situation meets the criteria for an FMLA qualified leave of absence.
Is it mandatory to take leave of absence?
It is not mandatory for an employer to offer paid leave if someone is taking a leave of absence under FMLA. In some cases, employers offer a paid leave of absences, but that is usually outlined during the initial hiring process.
