Can I Lose my job if I go to rehab?
Mar 22, 2022 · Rights, Laws, and Protections for Going to Rehab. FMLA and the ADA protect you if you seek treatment for a SUD or AUD. 1. Family and Medical Leave Act (FMLA) FMLA, passed in 1993, serves to protect individuals who require a leave of absence from their job to care for themselves, a child, a spouse, or a parent with a serious health problem. 1
Is going to rehab a good way to protect your job?
Feb 28, 2018 · This is great to know considering 76% of people with substance abuse issues hold some sort of jobs according to the Substance Abuse and Mental Health Services Administration (SAMHSA). There is even more good news is that there are a variety of laws protecting people with addictions who seek rehabilitation for their problems from losing their job while they are in …
Can I take a leave of absence from my job for addiction?
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 I be fired for going to rehab?
Full time employment is often a presumed barrier to residential treatment. For those functioning addicts who are still managing to hold down a job, their fear is losing the one piece of normality they have in their life. However, it is still possible to enter residential treatment and maintain employment. Some people will choose to take annual leave, however in most instances the …
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 do you do when someone won't go to rehab?
If Your Loved One Is Refusing Treatment:Positively Encourage Them.When All Else Fails, Don't Use Guilt. ... Offer Support. ... Stop Funding. ... Start With The Medical Approach. ... Decipher The Situation. ... Educate Yourself. ... Admit It To Yourself. If you're in denial, it's not helping anyone. ... More items...•Nov 12, 2021
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.
Should I tell my boss IM in recovery?
Why Should You Tell Your Employer You're in Recovery? It's not always important to disclose your history of addiction to an employer. If you're strong in recovery and your job doesn't interfere with your success in any way, you probably don't need to mention it.Oct 13, 2021
What is a interventionist?
An interventionist is a mental health specialist who can diagnose the issue and build a strategy to solve it. He helps the patient come out of his trauma by intervening in the patient's life and treating the hidden psychiatric disorder.Mar 20, 2021
How do you help someone who doesn't want to stop drinking?
Learn how to help an alcoholic that doesn't want help.#1 Accept You Can't Do the Work For Them. ... #2 Enlist People They Trust. ... #3 Set Healthy Boundaries. ... #4 Don't Shame or Blame. ... #5 Acknowledge How Difficult This Is. ... #6 Stage an Intervention. ... #7 Take Care of Yourself. ... References.
What is it called when you dont drink?
Teetotalism is the practice or promotion of total personal abstinence from alcoholic beverages. A person who practices (and possibly advocates) teetotalism is called a teetotaler (British spelling teetotaller) or is simply said to be teetotal.
What are disadvantages of abstinence?
Disadvantages of AbstinenceExperience shows that even people committed to abstinence may unexpectedly have sex and may not be prepared to protect themselves from pregnancy and STIs.Many people may find it difficult to maintain abstinence over the long term.More items...
What are the pros and cons of abstinence?
What are the pros and cons?The Pros of Abstinence include: Has no side effects or health risks. Prevents pregnancy and the transmission of sexually transmitted diseases. Free. ... The Cons of Abstinence: Requires willpower and discipline.
What happens if I tell my employer I have a drug problem?
In the US, your employer can discipline or fire you if your alcohol or drug use impairs your ability to do your job. However, employers cannot discipline or fire you simply because you tell them you have a substance problem.Aug 28, 2019
Is alcoholism considered a medical condition?
Alcohol use disorder (sometimes called alcoholism) is a medical condition. It involves heavy or frequent alcohol drinking even when it causes problems, emotional distress or physical harm. A combination of medications, behavioral therapy and support can help you or a loved one recover.Jun 2, 2021
Should I tell my boss I have a drinking problem?
By law, employers must maintain confidentiality regarding any information they receive regarding the addiction or substance abuse treatment of any of their employees.Oct 7, 2016
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.
What happens if you go back to work?
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. They have a legal duty to treat you like any other person with a medical condition— and are also bound by HIPAAA laws that protect your health privacy.
How long is FMLA?
employees are entitled to 12 weeks of unpaid, job-protected medical leave.
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 ...
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.
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 Are Common Barriers to Addiction Treatment?
Several different factors may keep a person from enrolling in a drug and alcohol rehab program.1 Common reasons include:
Can You Work While in Rehab?
Going to rehab while working isn’t always feasible for everyone, but many people successfully do it. If a person is severely addicted, he or she may not be able to hold down a job while in rehab. However, sometimes people who seek help early on in their addiction can maintain other life responsibilities (such as employment) while they are in rehab.
How to Go to Rehab and Keep Your Job
If you need to attend drug rehab while you are employed, there are a few federal laws that are designed to protect your job while you are on leave attending rehab. 2 These laws are:
Does an EAP Protect Your Job?
If you choose to use your company’s EAP benefits to receive counseling for drug or alcohol addiction, you cannot be fired for seeking help. However, if a condition of your ongoing employment is that you must comply with treatment, and you do not, you could potentially lose your job.
What to Tell Your Boss If You Need to Go to Rehab
Keeping the previously discussed legal protections in mind, you will also need to be careful about how you approach your boss when taking leave for a substance use disorder.
Is Rehab Confidential?
Yes. If you want your drug and alcohol rehab records to remain confidential, certain federal laws are designed to protect your privacy.
Privacy Protections for Individuals Who Are Working While In Recovery
After rehab, the thought of finding a job and working while in recovery may seem daunting, especially if you don’t want your employer to find out about your substance abuse treatment. However, if you are concerned that a prospective employer will find out you were in rehab, there are also legal protections for that.
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.
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.
How Can Career Concerns Hamper Drug Treatment?
One of the biggest worries for many addicts/alcoholics is the fear of what might happen to their career if they admit to having a problem.
Getting Help AND Protecting Your Job
If you are battling addiction, you CAN get the professional help you need while keeping your career safe.
“Can My Employer Fire Me For Going to Rehab?”
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.S. employees are entitled to 12 weeks of unpaid, job-protected medical leave. When our Director o…
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…