If you or a loved one are in need of addiction treatment but are worried about can you get fired for going to rehab?, there is likely no need to be concerned.
Addiction is considered a serious health condition under the Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA), prohibiting most employers from firing you for getting treatment for a Substance Use Disorder (SUD).
This means that rehab is considered a medical leave if all conditions for inpatient care/continuing treatment are met.
If you’re unsure whether your circumstances qualify, call Gratitude Lodge’s recovery team at 800-994-2184 for help.
FMLA rehab law states that an employer can not take action against an employee who is either getting treatment upon referral by a healthcare provider or is the caretaker of a covered family member receiving treatment for substance abuse.
Addiction is also considered a disability under the Americans with Disabilities Act (ADA), and prohibits discrimination against individuals in recovery from addiction. It also allows accommodations to be made for schedule changes should you need to attend AA/NA meetings or rehab.
While these laws typically prevent people from getting fired for going to rehab, data from SAMHSA indicates that fewer than one in ten U.S. adults with diagnosable addictions actually utilize these provisions and get the help they need.
Want Help Setting Up FMLA for Rehab?
Addiction in the Workplace
In this blog, you’ll discover how the ADA (Americans with Disabilities Act) and the FMLA (Family and Medical Leave Act) may provide protection from losing your job if you require rehabilitation for alcohol use disorder (alcoholism) or substance use disorder (drug addiction), both diagnosable medical conditions.
Alcoholism and drug addiction are a significant problem in the United States, both in and out of the workplace.
Data from NSDUH 2021 (National Survey on Drug Use and Health) indicate that:
Despite common misconceptions, the majority of adults struggling with addiction to drugs or alcohol hold down jobs. According to NCADD (National Council on Alcoholism and Drug Dependence), more than 70% of adults who abuse illicit narcotics are in employment. Most of those who engage in binge drinking episodes are also employed.
The most abused substances in the workplace include:
- Alcohol
- Marijuana
- Cocaine
The cumulative cost of drug and alcohol abuse by employees is estimated to exceed $100 billion each year.
How Does Addiction Affect Job Performance?
Addiction in the workplace can have significant adverse effects on your performance, as well as impacting the overall productivity and efficiency of the workplace. Here are some ways in which addiction can impact performance:
Addiction can impair your ability to focus and complete tasks, leading to decreased productivity. This can potentially result in missed deadlines, low quality work, and reduced efficiency.
Addiction can lead to absenteeism from work, either due to physical health complications or to attend treatment or support groups. This can lower productivity and increase the workload for your co-workers.
If you are under the influence of drugs or alcohol while at work, you may pose a safety risk to yourself and others, possibly triggering workplace accidents or injuries, impacting both personal performance and overall productivity in the workplace.
Addiction can spark interpersonal problems with colleagues, such as conflicts, clouded communication, and impaired teamwork. This can impact the overall culture of the workplace and may reduce job satisfaction for everyone concerned.
Addiction can result in increased healthcare costs for both you and your employer, due to the need for medical treatment, therapy, and counseling
Can you get fired for going to rehab, then?
Can I Get Fired for Going to Rehab?
It is possible to get fired from your job for going to rehab if substance abuse is impairing your professional performance. That said, you are offered protections from the ADA and the FMLA.
- Important note: Neither the ADA nor the FMLA provide protection for those currently and actively using drugs.
ADA (Americans with Disabilities Act)
The ADA took effect in 1990, designed to protect employees from discrimination, whether they are in recovery from addiction or seeking inpatient or outpatient addiction treatment.
Thanks to the ADA, employers are legally prohibited from engaging in the following destructive and discriminating behaviors:
- Refusing to hire someone because they went to rehab or because they have previously engaged with treatment for drug addiction or alcoholism.
- Refusing to promote someone for the same reasons.
- Firing someone for going to rehab.
- Firing someone for having attended rehab in the past.
- Firing, refusing to hire, or refusing to promote someone with a history of substance abuse or addiction
FMLA (Family and Medical Leave Act)
FMLA passed in 1993, intended to protect those who need time off work to care for themselves, a spouse, a child, or a parent with a serious health complication.
It is possible to use FMLA leave for the following purposes:
-
- Drug addiction rehab
- Alcoholism rehab
- Treatment for a physical complication triggered by substance abuse – liver failure, for instance
The FMLA prohibits an employer from firing, demoting, or refusing to promote someone who takes advantage of FMLA leave to attend rehab.
Under the FMLA, you may be entitled to three months of unpaid and non-reimbursable leave to engage with treatment for alcohol use disorder or substance use disorder without losing your job as a result. During that time, you will retain access to group healthcare benefits to help you defray treatment costs.
How to Tell Your Employer You’re Going to Rehab
If you want to learn how to go to rehab without losing your job, you are in luck, federal laws protect you in this case. If you are thinking about entering inpatient or outpatient rehab for substance abuse, ensure that you know your rights.
When you voice your intentions of taking leave under the FMLA to your employer or the HR department in your workplace, you are not obliged to reveal your diagnosis. That said, you should offer enough information to illustrate that your leave is related to a condition protected under the FMLA.
If appropriate, complete any current projects and let your coworkers know that you’re taking a leave of absence.
Here is a framework to help you alert your employer that you need to go to rehab:
Choose a time and place where you can talk privately with your employer. Make sure you have all the necessary information about your leave of absence and that you are aware of your company’s policies concerning addiction treatment.
Be straightforward and honest about your situation. Let your employer know that you need to take time off to address a personal issue and that you are going to rehab to get the help you need.
Make sure that your employer knows that you are committed to getting better and that rehab is an important part of the recovery process. You can also reassure them that you will do everything you can to minimize any disruptions to your work while you are away.
There is no need to divulge too much detail about your situation unless you feel comfortable doing so. Keep the conversation focused on the fact that you need to take time off for rehab.
Ensure that you follow your company’s policy for requesting a leave of absence. Provide all necessary documentation and follow the proper procedures.
Get Confidential Treatment for Addiction at Gratitude Lodge
When you are ready to commit to recovery from drug addiction or alcoholism, we can help you from detox to discharge and beyond at to Gratitude Lodge‘s rehab in Newport Beach, California.
Kickstart your recovery with our supervised medical detox program. Benefit from medications to streamline withdrawal and continuous care to minimize the chance of complications or relapse during detoxification. After a week or so, you can move directly into ongoing inpatient or outpatient treatment.
Maybe you require the support and structure provided by our 30-day inpatient rehab program. Perhaps you need the flexibility of intensive outpatient treatment so you can continue meeting your commitments without compromising your recovery. For those with co-occurring disorders, our dual diagnosis treatment program delivers coordinated care.
All Gratitude Lodge treatment plans offer individualized therapy that may combine the following interventions:
- Psychotherapy
- Individual counseling
- Group therapy
- Family therapy
- Aftercare
Call our friendly team at 800-994-2184 for immediate assistance in getting into rehab without losing your job.
