This means that your employer can’t fire you based on your decision to attend rehab. 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.
Full Answer
Can my employer fire me for going to rehab?
May 22, 2017 · 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.
Can I be terminated after entering rehab?
Mar 22, 2022 · The Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) both provide protection and prevent individuals from being fired for going to rehab for a substance use disorder (SUD) or alcohol use disorder (AUD)—medical conditions defined by an uncontrollable use of substances or alcohol despite negative consequences. 1
Can You Lose Your Job for going to rehab?
May 03, 2019 · Once you enter rehab, the Americans With Disabilities Act (ADA) states that you are protected and cannot be terminated for reasons associated with your addiction. For example, missing work due to the treatment process – whether it is to participate in a weekly drug test or attend treatment – is a protected action under the ADA as long as you are using your vacation …
What happens if you get fired for having an addiction?
Oct 29, 2021 · This means that your employer can’t fire you based on your decision to attend rehab. 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.
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
Can you fire an employee for being 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 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 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.
How many people received disability in 2010?
In 2010, there were nearly 11 million Americans receiving disability benefits from the government, so anybody applying for it will not be alone.This is a better option for those who have a more serious, ongoing addiction disorder that has already been interfering with their work.
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.
What is the ADA and FMLA?
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.
What percentage of people with substance abuse issues hold jobs?
They have bills to pay, families to support, and careers to build. According to the Substance Abuse and Mental Health Services Administration (SAMHSA), 76 percent of people with substance abuse issues hold jobs. Many people fear that getting treatment at all will hurt their careers or get them fired. However, there are laws that protect people ...
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 FMLA for rehab?
Once you’ve completed rehab and return to work, the FMLA stipulates that you return to a similar position and work schedule as before so long as you continue to perform your job as expected. Your employer must keep the details of your addiction and treatment confidential, as well as the terms of your return. In some cases, you may have agreed to a return to work agreement. This document is an agreement between you, your employer, and the treatment center, and stipulates your continued sobriety, possible drug testing, and job performance as a condition of your continued employment.
Can I keep my job while in rehab?
Depending on the circumstances of your employment, laws are in place that may protect your ability to keep your job while you are in rehab. However, these laws only apply to companies of certain sizes. It is important to learn your rights before approaching the topic of rehab with your employer.
How to talk to your employer about rehab?
Talking to Your Employer About Rehab 1 Be as transparent as possible about your willingness to seek help.#N#The more honest and upfront you are about the situation, the more your employer can assist you in the process. 2 Make sure all of your work projects are taken care of.#N#Tie up any loose ends and coordinate for your boss and/or coworkers to take care of any tasks while you’re gone. 3 Tell your coworkers you’re taking a leave of absence.#N#If you’re concerned about letting your coworkers know you’re attending a treatment facility, simply tell them you’re taking a leave of absence. You are entitled to your privacy when getting treatment for an addiction.
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.
How to help your employer when you are gone?
The more honest and upfront you are about the situation, the more your employer can assist you in the process. Make sure all of your work projects are taken care of. Tie up any loose ends and coordinate for your boss and/or coworkers to take care of any tasks while you’re gone.
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.
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.
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 do you demonstrate motivation to manage symptoms?
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. You are capable of developing skills to manage symptoms or make behavioral change.
How long do you have to work to get a work leave?
To receive treatment for a serious medical condition. You may be eligible for work leave if you have worked for your employer for a minimum of 12 months (and at least 1,250 hours within those twelve months), and your employer employs 50 ...
How long can you be on FMLA?
According to the United States Department of Labor under the Family and Medical Leave Act (FMLA) full-time employees at companies who have over 50 employees in your area can be given up to 12 weeks of unpaid medical leave if they have a legitimate reason. If you have not been intoxicated at work and wish to enter rehab, ...
Does the ADA allow extra time off?
While the ADA ruling does not provide extra time off work, it does offer protection for your job if you are able to find treatment that works with your schedule and days off. Before you approach your employer about going into rehab, you want to thoroughly understand these acts and your employer’s paid leave policies, ...
Can you fire someone for not being intoxicated?
If you have not been intoxicated at work and wish to enter rehab, the fact that you will be actively participating in treatment is reason for you to be protected under the Americans with Disabilities Act, which states that employers cannot fire people for using their own vacation time or sick leave to pursue treatment for a medical condition.
What is the ADA for alcoholics?
The ADA provides protection to alcoholics and recovering addicts who chose to go to drug and alcohol rehab. 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.
Why do you go to rehab?
You give your co-workers peace of mind by choosing to go to rehab to address your alcohol or drug problem. Your decision to get treatment shows that you recognize your alcohol and drug problem was getting in the way of work. You might even see that you are respected more because of your decision.
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 people know someone who has been under the influence of alcohol or drugs at work?
Many professionals struggle with alcoholism and addiction. Surveys show that 60 percent of American adults know someone who has been under the influence of alcohol or drugs at work. Even drug abuse among healthcare professionals is becoming commonplace. Chances are, someone knows that you do.
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.
What to do when you are not telling your coworkers?
If you choose to not tell your coworkers, that is your decision. However, being honest with yourself and living a life of self-acceptance is one of the most important changes you must make in recovery.
How can case managers help you?
Case managers can help protect your job. You’re living a double life. You go to work and have a family and friends. But the other side is darker. You drink or do drugs to get through your day. You even sneak in a buzz or high in the middle of your work day to get you past the grind. You’re not alone, though.
Can You Get Fired for Going to Rehab? Alcoholic Employee 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 the reasons.
Is Drug Addiction Considered a Disability?
Yes, legally, drug addiction is considered to be a disability because it requires treatment and rehabilitation, just as any other medical disorder does. Take, for instance, a recovering addict who is applying for a job. That person has the right to challenge any discrimination due to their past drug use or need for treatment.
Is Alcoholism Covered Under ADA?
In this day and age, due to the high number of substance abuse and focus on supporting addiction sufferers, specific federal laws protect individuals from workplace discrimination both during treatment and in subsequent job hunting or return to work.
How to Go to Rehab and Keep Your Job?
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. It is important to remember that as an addiction sufferer, one qualifies as an ‘individual with disabilities.’
What Organizations Could Assist in Finding Drug Rehab?
The Affordable Care Act Health Insurance Marketplace is obligated to help individuals find the most targeted substance abuse and mental health services to assist an employee’s needs best.
Is it Hard to Find a Job After Rehab?
According to the law, a person in recovery should be able to find a job after attending rehab with little to no difficulty.
Getting Help and Keeping your Job
Often people neglect seeking help for addiction until it is too late. It is much easier and convenient to contact a medical practitioner on how to get the best support for addiction than to get fired for drinking on the job or using drugs.
Why do I have to hold down my job?
But foregoing treatment isn’t the answer to protecting your job or your health. While having to hold down a job is a common excuse for not getting treatment for an addiction or mental health problem, the excuse is also, tragically, a mistaken one. That’s because there are legal protections in place that will protect your job while you get ...
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 ...
What are the laws to protect your job?
The following laws are worth being familiar with if you’re thinking about going to rehab. 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.
What happens if you go back to work for substance abuse?
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.
What are the worries about job security?
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 on hold.
Is rehab a good way to protect your job?
In this sense, going to rehab is the very best way to protect your job. That said, knowing what anti-discrimination laws exist to protect you is a good precaution to take, so that if an employer threatens your job with a claim of absenteeism or negligence, you can refer to these laws to protect yourself….
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.
