Should I tell my employer if I’m in rehab?
You are not legally required to tell your employer the specifics of your condition. In fact, many people entering rehab choose not to divulge this fact to their employer. You can always request an unpaid leave of absence for personal medical or non-medical reasons — …
Will I Lose my job when I go to rehab?
Mar 28, 2018 · If your employer denies your leave request for treatment, it is possible that they have violated the ADA or the Rehabilitation Act and you may be able to file a complaint or charge. If at any time, you feel like you have been discriminated against, you can file a complaint or charge with the U.S. Equal Employment Opportunity Commission .
Do you have to ask for leave of absence for rehab?
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.
Can I be fired for going to rehab?
Subpart C - Employer Responsibility to Notify Employees § 839.304 What if my employer does not notify me? 5 CFR § 839.304 - What if my employer does not notify me?
Should I tell my employer 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 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 drug Addiction a disability?
Are Substance Use Disorders Considered Disabilities? In short, yes. Diagnosable drug and alcohol addictions, or substance use disorders (SUDs), are considered disabilities under Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (ADA), and Section 1557 of the Affordable Care Act.Mar 10, 2022
Is alcoholism an ADA disability?
An alcoholic is generally a person with a disability under the ADA, whereas someone who is addicted to drugs is protected under the ADA only if he or she is not currently using illegal drugs.
What do you tell people when you go to rehab?
Disclosing some of your dishonesty and shortcomings will likely prove to your friends and family that going to rehab is an earnest decision. It is also possible your friends and family already know you haven't been truthful with them and coming clean can also establish a sense of trust.Aug 18, 2021
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
Do drug addicts get PIP?
PIP may be paid to people with mental health issues such as people who have a chronic addiction problem to drugs and or alcohol. People experiencing from mental health conditions such as depression, stress, anxieties, personality disorders and other mental health issues may well qualify for financial support.Sep 19, 2020
Is Drug Addiction a brain disorder?
Addiction is a chronic brain disease that's more about the neurology of the brain than the outward manifestations of behavioral problems and poor choices, according to a group of addiction medicine professionals.Jan 6, 2021
What is the most common type of substance use disorder?
Alcohol use disorder is still the most common form of substance use disorder in America, fueled by widespread legal access and social approval of moderate drinking.
Is depression covered under ADA?
In short, the ADA does recognize that clinical depression is a permanent and serious condition, but if the condition does not affect the employee's ability to perform normal life activities or fulfill all of the necessary job requirements, then that employee likely will not be protected under the act.Feb 15, 2020
Is alcoholism a protected characteristic?
An addiction to alcohol, nicotine or any other substance isn't a disability. But you might be disabled if your addiction caused an impairment. For example if you have liver disease or depression caused by alcohol dependency, that would be an impairment.
Which of the following is an example of substance abuse that is covered under the ADA?
[7] Under the ADA, illegal use is broader than just the use of drugs that are commonly viewed as illegal. It includes the use of illegal drugs that are controlled substances (e.g., cocaine) as well as the illegal use of prescription drugs that are controlled substances (e.g., Valium).
How long can you take FMLA?
The FMLA allows people to take a job-protected leave of up to 12 weeks for family and medical reasons, one of which can be drug or alcohol rehab.
Who is Michael Scott in The Office?
In one memorable episode of The Office, Steve Carrell’s character Michael Scott organizes a workplace intervention for his alcoholic employee Meredith — and his so-called “surprise party for people with addictions” is a total disaster.
Who is Anna Ciulla?
Anna Ciulla is the vice president of clinical and medical services at Beach House Center for Recovery. Anna has an extensive background in psychotherapy and clinical management. Her clinical approach is a three-part blend of evidence-based best practices for treating addiction; solution-focused, strengths-based care; and a strong belief in the healing power of spiritual connection. Learn more about Beach House's rehab programs by visiting their website.
Do you have to tell your employer about your health?
As an employee with a health problem, you are entitled to the same degree of privacy as any other employee. You are not legally required to tell your employer the specifics of your condition.
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.
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.
Is substance use disorder a stigma?
Studies show that the stigma experienced by people with substance use disorders is comparable to HIV/AIDS, mental disorders, and being an ex-convict. 7 This is a hard reality that you may want to take into consideration when you are preparing to talk to your boss.
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.
What to do if your employer doesn't respond?
If the employer doesn't respond to a more specific request, it's time to talk to a lawyer. A lawyer can help you assess your situation and demand the accommodation to which you are legally entitled. Not surprisingly, many employers are quicker to respond when a lawyer is involved. A lawyer can also help you make sure the accommodation provided is ...
What to do if your employer has ignored your request for an accommodation?
If your employer has ignored your request for an accommodation, your first step should be to make sure you were understood. Put your request in writing, addressed to your manager and the human resources department, and specifically mention the ADA. Explain that you have a legal right to a reasonable accommodation for your disability.
What is reasonable accommodation?
A reasonable accommodation is assistance or a change in the job or the workplace that will allow an employee with a disability to do a job. Reasonable accommodations generally fall into one of these categories: 1 changes to the job application process that will allow a qualified applicant with a disability to apply and be considered for the position 2 changes to the work environment, the circumstances in which the work if performed, or the manner in which the job is done, that will enable a qualified person with a disability to perform the job's essential function, and 3 changes to allow an employee with a disability to enjoy the same benefits and privileges that other employees enjoy.
What is the ADA?
The Americans with Disabilities Act (ADA) prohibits discrimination against applicants and employees with disabilities. Employers may not, for example, refuse to hire someone or pay someone less just because that person has a disability. However, the ADA goes further than simply outlawing discrimination: It also requires employers to provide reasonable accommodations to allow employees to do their jobs.
What is the legal obligation of an employer to provide reasonable accommodation to an employee?
Essentially, this means the employer must talk to the employee and collaborate on finding a reasonable accommodation. The employer does not have to grant a specific accommodation requested by the employee, as long as the employer works with the employee to come up with an effective accommodation.
Can an employer provide an accommodation that would create an undue hardship?
An employer need not provide an accommodation that would create an undue hardship. If an accommodation would involve significant difficult or expense for the employer or would fundamentally alter the nature or operation of the business, that constitutes an undue hardship. Whether an accommodation creates an undue hardship depends on a number ...
What to do if your employer ignores you?
And, if your employer continues to drag its heels or ignore you, a lawyer can help you file a charge of discrimination to protect your right to file a disability discrimination lawsuit. Talk to a Disability Lawyer.
What is voluntary disclosure?
Voluntary disclosure means the employee has not violated any employer rules or policies or failed to satisfy performance or behavior expectations nor has he or she been referred for a proper test under an employer’s workplace drug/alcohol testing policy. The most common and defensible employer approaches to voluntary disclosure situations is to offer express support, refer an employee to any Employee Assistance Program available and offer leave consistent with disability and leave laws and employer policies and practices. In voluntary disclosure situations, if an employee works in a safety-sensitive position or his or her disclosure relates to illegal drugs, continuing work agreements such as a return-to-work agreement (but not a last chance agreement) may be appropriate and lawful, but in most if not all other situations would be inappropriate.
Is sympathy required for substance abuse?
The employer needs to understand that while sympathy may be warranted, sympathy is not legally required. Under the Americans with Disabilities Act, an employer “may hold an employee who engages in the illegal use of drugs or who is an alcoholic to the same qualification standards for employment or job performance and behavior that [the employer] holds other employees, even if any unsatisfactory performance or behavior is related to the drug use or alcoholism of such employee.” [1]
Why is it illegal to talk about your employer on social media?
That's because trying to curtail worker communications can be seen as an illegal attempt to prevent them from unionizing or organizing.
What is the obligation of an employer to ensure its workplace is a safe environment?
An employer has an obligation to ensure its workplace is a safe environment and that worker complaints are handled in an appropriate manner. Some states also require companies to provide sexual harassment training to workers or supervisors.
What is non-compete agreement?
These agreements generally stipulate employees can't work for a competitor for a certain period of time after leaving a company.
Can an employer ask about your age before you get hired?
Some employers may break the law before you even get hired. The EEOC enforces laws that prohibit a dozen different types of discrimination and, in most cases, employers can't use those factors in hiring decisions or even ask about them during the interview process. That means a job application can't ask for your age, marital status, religion or plans to become pregnant, among other things.
Is employee compensation a matter?
Employee compensation is no simple matter. "There is a massive body of law that governs how people are paid," explains Brian Weinthal, partner with the law firm Burke, Warren, Mackay & Serritella P.C. in Chicago.
What is the National Labor Relations Act?
The National Labor Relations Act and a variety of statutes overseen by the U.S. Equal Employment Opportunity Commission protect employees from hostile work environments, discrimination and unfair labor practices. There are also state and local regulations that employers must follow.
How much is the minimum wage?
While the federal minimum wage is currently $7.25 per hour, many states and even some cities have higher requirements. Employers can't get around paying the minimum wage by paying with tips or commissions either. "You can't have a commission standard that pays less than federal minimum wage," Weinthal says.
What is AHPRA in health?
The Australian Health Practitioner Regulation Agency (AHPRA) is the organisation responsible for the registration and accreditation of 10 health professions across Australia. AHPRA’s operations are governed by the Health Practitioner Regulation National Law Act 2009, which came into effect on 1 July 2010.
How many physiotherapists are there in Australia?
The Australian Physiotherapy Association (APA), which represents over 12 000 physiotherapists around Australia. The APA works with governments and educational bodies to try to ensure that a quality physiotherapy service is available when and where you need it.
Who is Joanne Mak?
Joanne Mak, founder of My Rehab Team, is passionate about enabling people to be excited about their potential through rehabilitation. Working in community rehabilitation for many years in the UK has grounded her strong belief in the significant benefits of community based service. The completion of a Masters degree in Rehabilitation further consolidated her view and understanding.
