Going to rehab without using accrued time off or on an FMLA leave can lead to losing your job. If your company had a strict drug-free policy before you entered treatment, this might also be a reason for termination.
Full Answer
Can You Lose Your Job for going to rehab?
Sep 14, 2016 · You have the RIGHT under the law to participate in the recommended drug or alcohol rehab program WITHOUT fear of losing your job or jeopardizing your position. Under ADA guidelines, employers are required to make “reasonable accommodations” for addicted employees–i.e., time off to go to residential drug rehab, schedule adjustments to attend …
Can my employer require me to go to rehab?
Aug 04, 2020 · FMLA is designed to help people seek the help they need and protects your job for the time required to complete a rehab program. If you take time off work under FMLA and don’t go to rehab, your job won’t be protected. It’s important to note that FMLA also does not protect time spent using substances like drugs or alcohol.
What happens when you go to rehab?
Mar 16, 2021 · If you are currently suffering from an addiction and are employed, you may be asking the question, “will I lose my job if I go to rehab?” When it comes to seeking substance use disorder treatment while employed, most will find that their jobs are protected and that they are able to receive the treatment they need while maintaining their job. In the United States, there …
Should I tell my boss if I’m going 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 …
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
What are the cons of rehabilitation?
Cons for Long-Distance RehabNeed for family alliance. Experts continue to recommend the benefit of whole family wellness for addiction treatment. ... Accessible support systems. ... Complications with employment leave. ... Insurance coverage.Jan 23, 2018
What happens after you come 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
Is it good to go to rehab?
Rehab Is The Best Chance For Recovery If you have an addiction and want to get sober, treatment may be your best option. Beating an addiction to drugs or alcohol requires not only eliminating the physical dependence but also addressing the behavioral issues.Dec 13, 2021
What are advantages of rehab?
One of the benefits of inpatient rehab is that they provide a safe place to detox where medical professionals can monitor vitals and ease some of the unpleasant symptoms. Depending on the substance and severity of the addiction, withdrawal symptoms usually start a few hours after the last dose of the drug.Feb 25, 2022
Is rehabilitation better than punishment?
Rehabilitation gives one a chance to learn about his/her debilitating problems and offers for one to learn how to change their behavior in order to not commit crime. Incarceration (punishment) puts the offender in a confines of a cell in order for one to think about the crime he/she committed.
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.
What did Chris feel was the contributing factor to finally getting sober?
32. What did Chris feel was the contributing factor to finally getting sober? Chris believed the factor of finally getting sober was going to the pot sink, and having to wash dishes for 18 hours a day at rehab. 33.
What is the rehabilitation process?
Rehabilitation is the process of helping an individual achieve the highest level of function, independence, and quality of life possible. Rehabilitation does not reverse or undo the damage caused by disease or trauma, but rather helps restore the individual to optimal health, functioning, and well-being.
What does going into rehab mean?
noun. rehabilitation, especially a program or facility for treating persons addicted to drugs or alcohol or recovering from certain medical conditions: He's been sober since coming out of rehab. She checked into rehab after suffering a stroke. a rehabilitated building.
Can I get fired for going to rehab twice?
Though in general, you would not be fired for going to rehab, there may be other circumstances surrounding your second rehab stay that could come i...
What about work while I’m in rehab?
To concentrate on their treatment, people attending an inpatient rehab program will generally be unable to complete work duties while onsite at the...
What happens if I lose my job while seeking treatment?
Going to rehab without using accrued time off or on an FMLA leave can lead to losing your job. If your company had a strict drug-free policy before...
Will I face negative consequences at work after returning from rehab?
This will largely depend on your employer and the company culture where you work. The ADA protects individuals from discrimination based on a disab...
How to honor a bargain?
Honor Your Part of the Bargain—When your employer grants you an accommodation they are doing so for two reasons – because of the law, yes, but ALSO because you are a valued employee. For your part, YOU have to:#N#Complete your recommended treatment plan – do not leave residential rehab early.#N#Continue with ongoing aftercare – outpatient drug rehab, drug tests, etc.#N#Attend 12-Step fellowship meetings such as Alcoholics Anonymous or Narcotics Anonymous.#N#Comply with any “Return-to-Work” agreement that your employer may have prepared. 1 Complete your recommended treatment plan – do not leave residential rehab early. 2 Continue with ongoing aftercare – outpatient drug rehab, drug tests, etc. 3 Attend 12-Step fellowship meetings such as Alcoholics Anonymous or Narcotics Anonymous. 4 Comply with any “Return-to-Work” agreement that your employer may have prepared.
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.
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.
How to organize your home for rehab?
You may want to create a to-do list that includes: Forwarding mail. House or pet sitting.
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.
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.
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.
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.
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 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?
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 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 ...
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.
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 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.
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.
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.
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 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.
Does taking a leave of absence to get addiction cost you your job?
Addiction is approved, so this protection extends to people who are pursuing drug addiction treatment. Therefore, taking a leave of absence to get addiction will not cost you your job.
Do people with disabilities have to be recovering addicts?
However, these people need to be recovering addicts, as the Act also permits employers to comply with the federal regulations and laws concerning drug and alcohol use and to keep the workplace free from the use of drugs and alcohol.
Can you live in a rehab facility without a regular income?
Even with the unpaid leave provided by the Family and Medical Leave Act, you may not be able to manage it. A lot of people simply can’t keep afloat without their regular income. So, a better option is outpatient treatment.
How long can you take off from work for drug rehab?
You can take up to 12 weeks of unpaid time off from work per year under the FMLA to attend rehab. Your employer can ban the illegal use of drugs at your workplace. It is not a violation of the ADA for an employer to give tests for the illegal use of drugs. You can be fired or denied employment if you are currently using illegal drugs.
What to talk about when you are ready to talk to your boss about entering treatment?
When you are ready to talk to your boss about entering treatment, you may have concerns about job security and confidentiality. In general, people with substance use disorders face stigma in the workplace. Employers may be afraid to hire people with a history of addiction.
What are the laws regarding drug use?
Below is an overview of laws that are useful to know about your drug or alcohol use: 6 1 If you are currently using illegal drugs, you do not qualify as an individual with a disability if your employer decides to take action concerning your drug use. 2 Your employer cannot discriminate against you if you have a history of drug addiction but are no longer actively abusing substances. 3 The FMLA protects you if you take leave for a serious health condition. 4 You can take up to 12 weeks of unpaid time off from work per year under the FMLA to attend rehab. 5 Your employer can ban the illegal use of drugs at your workplace. 6 It is not a violation of the ADA for an employer to give tests for the illegal use of drugs. 7 You can be fired or denied employment if you are currently using illegal drugs. 8 Your employer can conduct drug tests to detect the use of illegal drugs.
Why is it important to talk to your boss about addiction?
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 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.
What to do if you can't find your sobriety?
Understand your legal rights. 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 .
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.…
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…