Can my employer fire me for going to rehab?
Oct 21, 2021 · Substance abuse doesn’t just have to be illegal substances. Alcohol is a prime one for many workers who have SUDs. Addressing the issue, especially at work, is a sensitive matter. One reason SUDs carry a stigma with them and the people who suffer with SUDs know it. Therefore, they fear judgement, and many are ashamed.
What happens when an employee returns to work after addiction treatment?
Mar 28, 2018 · This is an understandable concern if you want to go to rehab and keep your job. In general, people with substance use disorders face stigma in the workplace. Employers may be afraid to hire people with a history of addiction. Unfortunately, employers may mistreat these employees, comparing them to other workers who have not been in recovery.
Should I tell my boss if I’m going to rehab?
Aug 26, 2021 · Employees can also meet with an HR representative as well as a medical professional to evaluate their needs and outline a recovery plan, which can include a leave of absence for treatment or even ...
Can I quit my job for drug rehab?
Mar 22, 2022 · The ADA protects individuals by prohibiting employers from participating in discriminating behaviors, including: 1. Refusing to hire or promote an individual because they attended rehab or have sought help for a SUD or AUD in the past. Firing an individual for going to addiction treatment now or in the past.
Does my job have to 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
Is substance abuse considered 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
What if an employee has a substance abuse problem?
First and foremost, if an employee is reasonably suspected of being impaired in the workplace, the employer should take immediate action to remove the employee from any safety-sensitive work and should investigate the potential impairment by (1) gathering evidence from supervisors (ideally trained in identifying drug ...Sep 19, 2018
What are the major problems associated with drugs in the workplace?
In addition to deaths and accidents, absenteeism and loss of production, other problems that alcohol and drug abuse can cause on the job include: Tardiness/sleeping on the job2 Hangover or withdrawal affecting job performance. Poor decision making.Sep 26, 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
How can you tell if an employee is high?
Here are 22 characteristics that define most high-potential employees.They're good at what they do. ... They jump on leadership opportunities. ... They work well autonomously. ... They take initiative. ... They are interested in where the company is going. ... They don't buckle under pressure. ... They ask questions.More items...
How should employers respond to the potential for substance abuse among their employees?
Take immediate action to remove the employee from any safety-sensitive work and begin gathering evidence of the incident. If applicable state laws and your employer policy allows, send the employee for a drug or alcohol test.
Can you fire an employee for drug use?
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
How do you tell if an employee is on drugs?
Someone with an addiction will show multiple signs over time, which may include: Excessive tardiness or absenteeism. You may see a pattern like an employee calling off on Mondays, after holidays, or paydays. Change in appearance such as wearing dirty or wrinkled clothes, looking disheveled, neglecting personal hygiene.Aug 31, 2017
How can the workplace play a role in substance abuse treatment?
Many workplaces sponsor Employee Assistance Programs (EAPs) that offer short-term counseling and/or assistance in linking employees with drug or alcohol problems to local treatment resources, including peer support/recovery groups.Jan 17, 2018
How many drug addicts are unemployed?
About 1 in 6 unemployed workers are addicted to alcohol or drugs -- almost twice the rate for full-time workers, according to the government's National Survey on Drug Use and Health. The survey shows that 17% of unemployed workers had a substance abuse disorder last year, whereas 9% of full-time workers did so.Nov 26, 2013
What is FMLA for addiction?
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. Once you enter a rehabilitation program, you’re protected by the ADA and cannot be fired for reasons related to your addiction or the treatment process, even if it causes you to miss work. If you are fired, you can file a charge of discrimination against your employer. This applies to all state and local government employers and private companies with 15 or more employees. Under the FMLA, qualified employees can take 12 weeks of medical leave for issues that include addiction disorders each year. Unfortunately, this leave is generally unpaid unless the employer chooses to provide paid leave. This may not be an option for part-time or contract employees or for those who cannot afford to go several weeks without pay.
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 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 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.
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.
Is addiction a mental illness?
However, there are laws that protect people with addiction disorders from workplace discrimination and particularly from being fired for addiction, which is considered to be a legitimate mental illness.
Can you be fired for addiction?
Once you enter a rehabilitation program, you’re protected by the ADA and cannot be fired for reasons related to your addiction or the treatment process, even if it causes you to miss work. If you are fired, you can file a charge of discrimination against your employer.
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 many employees does the ADA cover?
The ADA applies to private employers that have more than 15 employees. In many cases, drug addiction and alcoholism constitute a disability under the ADA. physical or mental impairment that substantially limits one or more major life activities of such individual . . . .
What is considered a disability under the ADA?
. . . Federal regulations and federal courts have acknowledged that drug addiction and alcoholism are recognized disabilities under the ADA if they substantially limit one or more major life activities.
Does California discriminate against disabled people?
In general, California prohibits employers from discriminating, in almost any manner, against employees that have a disability or medical condition, if the discrimination is based on that disability or condition.
What is the ADA?
The Americans with Disabilities Act (“ADA”) of 1990, and. The Rehabilitation Act of 1973. The Drug Free Workplace Act places restrictions on government contractors, federal grant recipients, and individuals contracting with the federal government.
Does California have a drug free workplace?
Like the federal government, California has adopted a series of laws that attempt to balance the need for a drug-free workplace and the rights of employees with disabilities. For the most part, California law parallels federal law, with one critical exception: California generally requires employers to accommodate employees that want to go to a drug or alcohol rehabilitation program. The details of California’s laws on this topic are described below.
What is FEHA in California?
Sections of the Labor Code relating to alcohol and drug rehabilitation; and. The Fair Employment and Housing Act (“FEHA”). Like the federal Drug Free Workplace Act, the California Drug-Free Workplace Act places special burdens on government contractors and the recipients of government grants.
Can you take leave of absence for substance abuse?
Employees may be entitled to a leave of absence to seek treatment at a substance abuse program. A leave of absence must be at a qualified substance abuse program. California employees must seek treatment before they are punished for the current use of drugs or alcohol.
Why do we need to send someone to a treatment program?
Sending someone to a professional treatment program can save their life, especially if that person is battling an addiction to alcohol, opioids, cocaine, methamphetamine, or benzodiazepines — substances that can produce deadly consequences.
Why is it important to seek professional addiction treatment?
Why? Because a reputable, evidence-based program will offer multifaceted therapy and care that treats the entire person, mind, body, and spirit.
How many weeks of unpaid leave can an employer give an employee?
When employers are considered FMLA eligible under these guidelines, they must provide employees who are eligible with up to 12 weeks of unpaid leave yearly when the employee cannot work due to a serious health condition.
What is the ADA?
The Americans with Disabilities Act is federal law that prohibits discrimination against employees who have disabilities. Keep in mind an “individual with a disability” doesn’t include a person who is currently using illegal drugs. 3 Under the ADA, an employer can terminate an employee if they are using drugs or alcohol on the job, if substance use impacts performance or productivity or if substance use creates unsafe conditions on the job. 3
What is FMLA protection?
FMLA Offers Protection Against Being Fired for Going to Rehab. The Family and Medical Leave Act provides protection if you take a leave for medical reasons and can provide you with up to 12 weeks of unpaid time off from work annually without the risk of losing your job. The FMLA also calls for existing group health benefits through your employer ...
What is FMLA for employers?
The FMLA also calls for existing group health benefits through your employer to be maintained during your leave. 1 A substance use disorder is considered a medical condition. 2. The FMLA applies to all public agencies, all school employees and businesses with 50 or more workers. When employers are considered FMLA eligible under these guidelines, ...
Can you be fired for going to rehab?
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.
How long should I stay away from work?
Bottom line: The US National Institute on Drug Abuse (NIDA) recommends a minimum of 90 days (or longer) for most treatment programs due to the lower relapse rates associated with longer treatment programs. However, 90 days is a long time to be away from the workplace.
What is the ADA?
The Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of life, including the workforce. This act defines what qualifies as a disability to include individuals who struggle with substance abuse, including alcoholism and drug addiction.
What does it feel like to be a supervisor?
As a supervisor, you may feel frustrated, angry or disappointed in how the employee has underperformed on the job or let his team down. You may also feel relief that your employee is finally getting much-needed help, or worry about how he or she will cope after rehab. You need to put these feelings aside, however, and understand your legal responsibilities in the workplace.
How long can an employee take FMLA?
FMLA allows eligible employees to take an unpaid leave of absence for up to 12 weeks within a 12-month period. Finally, understand that your employee is entitled to privacy about his or her decision to seek treatment. Yes, break room gossip is inevitable.
Can you fire someone for drug abuse?
Yes, you can fire an employee if his or her performance has declined because of drugs or alcohol abuse. You also have the right to test you for drugs and fire you for drug use. However, once an employee announces that he or she is seeking treatment, you cannot fire them for this decision.
What is Title I of the ADA?
Title I of the ADA covers equal employment opportunities and benefits for individuals with disabilities. While ADA does not protect individuals who are actively using drugs from being fired, the act does protect individuals who seek treatment from being fired.
What is a return to work agreement?
A return-to-work agreement (RTWA) is a written document codifying an employer's expectations for an employee who has completed alcohol or drug treatment. The Beachway Therapy Center team recommends that employers set up an RTWA with any employee who leaves for treatment. An RTWA is an important accountability document that clearly outlines expectations for the employee following treatment, including any future drug testing requirements that could lead to a fireable offense. Here's a great RTWA sample to get you started from the U.S. Department of Labor.