What happens when an employee returns to work after addiction treatment?
Nov 01, 2018 · Your employer likely has a policy about this type of situation, so check the employee handbook to know what the rules are. The FMLA does not protect you if your employer has an established policy about drug or alcohol abuse that would overrule its protections.
Can I quit my job for drug rehab?
Mar 28, 2018 · Your employer can conduct drug tests to detect the use of illegal drugs. If you’d like to know whether your insurance may cover the full or partial cost of rehabilitation at one of American Addiction Centers’ various rehab centers across the states, simply fill in your information in the form below.
Should I tell my employer if I’m in rehab?
Aug 23, 2018 · Disclosing your rehab plans to your employer will help assure your job functions will be covered while you’re gone. Talk to your fellow employees about your current clients and projects, and don’t be afraid to delegate some of the work so you don’t come back to an overwhelming pile when you return.
Does my employer have to protect my job if I use drugs?
Sep 27, 2020 · Any employer discrimination after the individual has returned, as long as it can be proven, could be classified as discrimination and the employer could face a discrimination lawsuit. Drug and alcohol abuse costs the United States over seven hundred billion each year, mostly from workplace accidents, crime, healthcare, and loss of productivity.
What profession has highest substance abuse rate?
According to the data, the industries with the highest rates of past-year substance use disorder were:Accommodations and food service: 16.9%Construction: 14.3%Arts, entertainment, and recreation: 12.9%Mining: 11.8%Utilities: 11.5%16 Mar 2022
Can you be fired for recreational drug use?
No. While it is true that employees guilty of drug use, even outside work, leave themselves exposed to dismissal on grounds of either capability, conduct or “some other substantial reason” (especially if use of the drugs in question is itself illegal) that decision cannot be automatic.30 Aug 2011
Should I tell my boss I'm a recovering alcoholic?
Explaining recovery to an employer can be a good thing if it's done properly. As long as you stay positive and know your rights, telling your employer about your addiction can help you stay sober and cope with triggers in the workplace, which can go a long way toward helping you stay sober for the long-term.13 Oct 2021
What are the most important factors in recovery from a drug addiction?
An important part of the addiction recovery process is learning to be aware of emotions, accept emotions, feel emotions, and cope with emotions. The longer one is able to maintain their sobriety, the better chance they have at long-term recovery.
What is being under the influence of drugs?
Under the Influence of Drugs is a legal term indicating that a driver's ability to operate safely was impaired by the ingestion of drugs. How does a police officer determine if a motorist is under the influence? Usually the first clue is the manner in which the defendant was driving.
How do you deal with an employee under the influence?
If you have facts to support a reasonable suspicion of alcohol or controlled substance use, inform the employee of the suspicion, ask the employee whether they are under the influence and ask the employee to consent to alcohol or drug testing.3 Dec 2012
What happens if you tell your employer you 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.28 Aug 2019
What part of the brain is associated with addiction?
Addictions center around alterations in the brain's mesolimbic dopamine pathway, also known as the reward circuit, which begins in the ventral tegmental area (VTA) above the brain stem.1 Jul 1999
What does relapse look like?
The individual usually starts to experience negative emotional responses, such as anger, moodiness and anxious feelings. They also may begin to experience erratic eating and sleeping habits, and their desire for recovery often wanes due to a lack of using their support systems.30 Mar 2022
How many times does the average person relapse?
The number of serious recovery attempts ranged from 0-100, with 50% of people (median) needing only 2, and an average of 5. Approximately 13% of the sample reported not making any “serious” recovery attempts.
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.
How many people are working while under the influence of drugs?
According to reports, an estimated 10% to 25% of the American population is working while under the influence of drugs or alcohol. 3 If you are working and dealing with addiction, you may be apprehensive about seeking treatment due to stigma or concerns about losing your job.
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 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 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.
How many people are employed with substance abuse?
Furthermore, despite some common stereotypes and misconceptions around addiction being a main concern with people who are already unemployed, the reality is that an estimated 76% of people suffering from a substance abuse disorder are actually employed.
What is the best way to recover from addiction?
It is most beneficial for your recovery that you attend 12-step program meetings , either through AA (Alcoholics Anonymous) or any other drug-affiliated 12-step program, such as NA (Narcotics Anonymous) or CA (Cocaine Anonymous), while in treatment.
What is the return to work agreement?
When you return to work, it is essential that you fulfill any requirements set forth in the Return-to-Work agreement that your employer may have set forth before you left for treatment. This may entail that you willingly comply with any drug tests you may need to take upon your arrival.
How long can you work on FMLA?
Lastly, it is possible that you may qualify for 12 workweeks of unpaid, job-protected leave due to medical reasons (going to drug/alcohol rehab) within a 12-month period under the FMLA (Family and Medical Leave Act).
Can you leave treatment early?
This means that once entering treatment, you make a promise to yourself and your well-being that you will under no circumstances leave treatment prematurely. If you followed the tips on preparing your work for your absence, there should be no reason to leave treatment early anyways.
Does receiving treatment strengthen your job?
Receiving treatment can only strengthen your job performance upon returning to work. As such, do not worry about judgement from your boss or coworkers, it is likely that they personally know people who suffer from this disease and may have compassion for you.
Can not seeking treatment cause you to lose your job?
The irony is that not seeking treatment can actually cause you to lose your job in the first place. Have the tough conversation with your employer. You may be pleasantly surprised when they end up encouraging you to take the next steps to improve your well-being by walking on a path of sobriety.
Why do people avoid treatment for substance abuse?
One of the most common reasons people avoid treatment is fear of stigma and prejudice. But you shouldn’t hold yourself back because you’re afraid of what other people may think. Contrary to these fears, recovering addicts often find support and praise from their peers once they go back to work.
How long can you take FMLA?
Many employers have policies in place to protect employees who seek substance abuse treatment. And according to the Family and Medical Leave Act (FMLA), most employees who have been in their job for at least 12 months are permitted to take up to 12 weeks of unpaid leave for a family or medical reason within each calendar year. You can use this time for addiction recovery treatment. The FMLA also assures you will have your job when you return. After all, it costs employers more to hire and train a new employee than to give a valued one the time off he or she needs.
How to take time off for addiction treatment?
If you choose to take time off work for addiction treatment, communication is key. The employee struggling with addiction will have to contact their employer about their specific treatment plan if they do intend to take the necessary time off and enter an inpatient rehabilitation facility or treatment center. There is a bit more wiggle room with outpatient treatment, but there is a need to communicate honestly if the outpatient treatment will interfere with work schedules. Even if the individual is able to create an optimal schedule around their outpatient appointments, ongoing withdrawal symptoms could and most likely will impair their ability to focus and function like their normal selves in their active addiction. Some employers and coworkers could notice a drastic change in behavior and become suspicious.
What happens if an employer comes to the employee first about a downturn in their work performance?
If an employer comes to the employee first about a downturn in their work performance, the employee can protect themselves by telling the truth about their addiction disorder. More often than not, employers will be legally required to let their employees attempt treatment and recovery before firing them. On the other hand, if an individual goes to their employer first, it is essential that they are already aware of their rights, the company’s policies on substance use, their insurance policy, and medical leave criteria.
Can you get disability if you are out of work?
The solution for these individuals, if they are not able to receive payment for the time they are out of work for addiction treatment, is to apply for disability benefits until treatment is successfully finished and they can go back to their job. It is important to note that obtaining disability for this circumstance can be a tedious, complicated, and difficult process, especially when an individual is already overwhelmed with their lifestyle change. In order to qualify for this disability, the addict must prove that:
How long do you have to leave work to go to rehab?
It’s difficult to tell your employer that you need to leave work for weeks or months to enter rehab.
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.
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.
Will You Lose Your Job if You Tell Your Employer?
Once you enter into rehab or are ready to do so, contact your employer and apply for the Family Medical Leave Act (FMLA) if you meet the eligibility requirements. This law provides you with specific protections that can help you to preserve your job.
A New Job?
Some individuals pursue new employment after leaving rehab because they want a fresh start. The Americans with Disabilities Act protects you here. You cannot be discriminated against in regards to being hired as long as you are in treatment and sober.
How to Talk to Your Employer
Walking into the office of your manager or the company owner to start the conversation on addiction can be very difficult for you. However, if this person has worked with you for any given amount of time, he or she probably knows something is not right.
What to do if you don't feel comfortable talking to your employer about your rehabilitation plans?
If you still don't feel comfortable speaking to your employer about your rehabilitation plans, don't feel like you need to. Ask your manager for a leave of absence or use any accrued vacation time so you don't need to relay an explanation.
Why do people not go to rehab?
With 76 percent of those who have a drug or alcohol addiction being employed, it's no wonder one of the most common reasons people give for not entering rehabilitation is they're afraid it will ruin their career .
What percentage of people with addiction seek help?
With only 6 percent of people with addiction problems seeking help, leaving to work on your sobriety is not only a step in the right direction, but a step toward understanding and peeling back the layers of hopelessness, trauma, rejection, self-hatred and much more.
Why do I need to take FMLA?
FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain medical reasons. Using this time for recovery ensures that you will have a job once you return.
How long can you be on medical leave for substance abuse?
The Family and Medical Leave Act provides employees with up to 12 weeks of unpaid, job-protected leave per year.
What to do before speaking to your employer?
Before you speak with your employer, look into your company's drug and alcohol policy. If your company doesn't have one, examine its health care policy. When you do decide to speak with your manager, honesty is always the best policy.
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 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.
When an employee comes back to work after substance abuse treatment, is it a good idea to meet with them?
When an employee comes back to work after substance abuse treatment, it's a good idea to meet with them before they get started and find out what, if any, accommodations they need to ensure a smooth transition back to work.
How to get FMLA time?
Receive an FMLA request. If an employee requests time off to take place in a substance abuse treatment program, you must assess whether they are eligible for FMLA time. Generally, the employee must have worked for you for at least a year. [3]
How much notice do you need to give for FMLA?
For example, the employee may call in and request time off, or may stop you in a hallway to ask you about it. Generally, an employee would need to give you 30 days notice to take time off under FMLA.
Do you keep medical records separate from regular personnel?
To maintain the confidentiality of an employee's medical information, you generally should keep any medical documents or records you receive separate from the employee's regular personnel file. These records include any medical certification forms you get in conjunction with an employee's FMLA request.
Can a doctor tell you about an employee's medical treatment?
Under federal law, doctors cannot tell you anything about an employee's medical treatment without the employee's permission. This means if you either must have the employee take the certification form to their doctor, or have them complete and sign an authorization form.
Can you speak directly to an employee's doctor?
Keep in mind that health privacy laws prohibit you from speaking directly to the employee's doctor.
Can you discipline someone for substance abuse?
However, you still reserve the right to discipline or terminate any employee for current substance abuse, provided you have a written policy in place that prohibits substance abuse.