Know Your Rights: How to Take a Medical Leave from Work for Rehab
- On the Road Again. The Great Journey, The Maiden Voyage, The Spectacular Vacation; any of these are fitting with taking a medical leave for treatment services.
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Full Answer
Can I quit my job for drug rehab?
Luckily, it’s possible to take time off from a job for rehab without being fired or terminated. Here’s how. Understand the Family Medical Leave Act Established in 1993, the Family Medical Leave Act, or FMLA, offers employees the ability to take a leave of absence from their jobs for a variety of medical reasons without the risk of losing their job.
Can I take time off work to address my addiction?
Jul 26, 2017 · First, you must have worked for your employer for at least 12 months. You do not have to have worked for 12 months in a row (so seasonal work counts), but generally if you have a break in service that lasted more than seven years, you cannot calculate that period of employment prior to the seven-year break.
How do I talk to my employer about rehab?
Mar 22, 2022 · When you return to work, you must be able to return to the same position you left or one that is nearly identical, according to FMLA regulations. 6. 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.
What happens when an employee returns to work after addiction treatment?
Call Now: 800-681-7369 Who Answers? Most employers can’t make you disclose the exact reason you’re taking a medical leave. Whether you are required to tell your employer, you are taking time off for drug rehab depends on your employer. Technically, it is an illness and you do not have to disclose the specifics of an illness to an employer.
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
How can I work while in recovery?
Here are some tips to help you find balance once you return to work.Don't Immediately Aim to Become an Over-Achiever. ... Show Up Early. ... Check in with Your Recovery Needs. ... Practice Good Time Management. ... Take Care of Yourself, Inside and Out.Aug 19, 2019
How long does it take to get clean in rehab?
Most addicted individuals need at least three months in treatment to get sober and initiate a plan for continued recovery. Research shows that the best outcomes occur with longer durations of treatment.Nov 4, 2021
Is rehab the same as recovery?
They are two different places with completely different roles in the recovery of patients. The primary role of a rehab facility is to help the addict recover from substance abuse. Some rehab centers that follow the spiritual approach while others follow the traditional medication approach to handle substance abusers.Dec 20, 2021
Why employment is important in recovery?
Employment provides fulfillment of basic needs of survival, relatedness, and self-determination. For people entering recovery, it can provide important structure as well as meaning and purpose for some.
How many days does it take to detox your body?
Detoxing typically takes three to ten days. However, a more severe addiction can extend detox by several weeks or even months. Therefore, you need to know what to expect during detox before you begin the detox process. Detox involves more than just the initial withdrawal symptoms.
How long does prescription medicine stay in your system?
Most drugs of abuse stay in the body for at least a few days after the last use and are traceable with urine tests. Opioids like heroin and oxycodone are detectable for between 1 and 3 days after last use. Stimulants including cocaine, meth, and ADHD medications are detectable for about 2 or 3 days.Mar 11, 2022
How long does a detox cleanse last?
Detox programs tend to last anywhere from three days to two weeks. Many different factors play into how long each specific detox program lasts. The main factor is which substance(s) was/were being abused. Some substances are able to be removed from the system faster than others.
What is recovery therapy?
Based on Aaron Beck's cognitive model, and embodying the principles and spirit of the recovery movement, Recovery Oriented Cognitive Therapy (CT-R) is a treatment approach designed to promote empowerment, recovery, and resiliency in individuals with serious mental health conditions.Jun 8, 2021
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.
What Alternatives do you Have?
There are several alternatives to telling your employer that you need time off for addiction treatment. Some of these alternatives are:
If you Decide to Be Honest about Drug Rehab
As the information about drug addiction and illness become more accepted, more employers are accepting of drug treatment as an alternative to losing a valuable already trained employee.
How to maintain sobriety?
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. Avoid telling any coworkers before telling your boss.
How to deal with addiction issues?
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 laws prohibit discrimination against people with disabilities?
Federal law prohibits employers from discriminating against employees based on disability. Many people with past or current drug or alcohol problems are protected from discrimination by: 1 1 The Americans with Disabilities Act (ADA). 2 The Rehabilitation Act of 1973.
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.
Can an employer take a drug test?
An employer can drug test at any time. If you are applying for a position, you may be required to take a drug test as a condition of your job offer. You may also be required to take drug tests even if the drug test is not related to your position or necessary for the business.
How long is FMLA?
FMLA gives employees up to 12 weeks of unpaid leave during a 12-month period for certain qualifying reasons. 4 One qualifying reason for leave is a serious health condition by which your healthcare provider finds you unable to work at all or unable to perform any one of the essential functions of your job.
How long should I stay in rehab?
If you’re entering inpatient rehab, prepare to be away from your life for at least a month. Depending on the severity of your addiction and how long you’ve been abusing drugs or alcohol, your intake counselor may recommend that you spend longer than the 30 days that is the typical minimum for inpatient treatment. You need to make sure that you’ve got someone to pay bills for you, that you can take time off work, and that you have childcare or other help with family obligations before you go.
What can't you bring to rehab?
Your rehab facility will give you a list of things you’re not allowed to bring, as well as a suggested packing list of what you’ll likely need. These include the kinds of clothing that you’re permitted to wear, as well as the types of things that may be suggestive or improper (like shirts with a beer company logo, for instance). Some facilities may let people smoke cigarettes, while others are completely addictive-substance free. If you’re a smoker or vaper, check with your facility before packing these.
Why do people abuse substances?
Many people develop substance abuse problems due to self-medicating an underlying issue, whether it’s an undiagnosed mental health condition, like depression or anxiety, or trauma from their past. Although chemical substances are physically addictive, it’s the unhealthy thinking and poor emotional coping skills that make it hard to maintain sobriety.
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 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.
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.
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.
How long can you stay in rehab?
According to the Family and Medical Leave Act, you are entitled to up to 12 weeks of medical leave, so your job will be protected during your stay in rehab. If you’re a caregiver to children, elderly parents or even your pets, now is the time to make sure your loved ones are being taken care of while you’re away.
What to do when you have bills to be paid?
If you have bills that need to be paid while you’re out, make sure you sign up for automatic payments or speak to someone you trust about making sure your bills get paid. You definitely won’t want to come back, ready to tackle life, and be saddled with financial stresses.
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.
Overview
How to Keep Your Job Before, During and After Rehab. In an Employer Brief the U.S. Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration (SAMHSA) notes that 76 percent of people with substance abuse problems are employed.
Before Rehab
Understand your addiction and how it affects your job performance. As this article from HelpGuide.org explains, there are certain signs and symptoms of drug abuse that indicate it’s time to seek help.
During Rehab
Ask boss for confidentiality. In its “Are You In Recovery from Alcohol or Drug Problems? Know Your Rights” SAMHSA explains that employers must maintain confidentiality regarding any information they receive about your addiction or treatment.
After Rehab
Know your rights when you return to work. In its “Are You In Recovery from Alcohol or Drug Problems? Know Your Rights” SAMHSA explains the on-the-job rights employees have.
