Understanding Your Rights While Seeking Addiction Treatment
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 844-576-0144 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?
Call our knowledgeable recovery experts today at 844-576-0144. We’ll walk you through the process of getting rehab without losing your job.
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 overall productivity and efficiency. Here are some ways in which addiction can impact performance:
- Decreased productivity: Addiction can impair your ability to focus and complete tasks, leading to decreased productivity. This can result in missed deadlines, low quality work, and reduced efficiency.
- Increased absenteeism: Addiction can lead to absenteeism from work due to health complications or attending treatment or support groups, lowering productivity and increasing coworkers’ workloads.
- Safety risks: Being under the influence at work can create safety risks, potentially triggering workplace accidents or injuries.
- Interpersonal problems: Addiction can lead to conflicts, impaired communication, and reduced teamwork, harming workplace culture.
- Increased healthcare costs: Addiction often results in increased healthcare expenses for both you and your employer.
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 behaviors:
- Refusing to hire someone because they went to rehab or have previously engaged with treatment.
- 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.
You can use FMLA leave for:
- Drug addiction rehab
- Alcoholism rehab
- Treatment for a physical complication triggered by substance abuse such as liver failure
The FMLA prohibits employers from firing, demoting, or refusing to promote someone who uses FMLA leave to attend rehab.
Under the FMLA, you may be entitled to three months of unpaid leave for treatment while retaining access to group healthcare benefits.
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. When you request FMLA leave, you do not need to reveal your diagnosis, but you must provide enough information to show your leave is for a protected condition.
If possible, complete current projects and notify coworkers of your temporary absence.
Here’s a simple framework to help you notify your employer:
- Plan ahead: Choose a private time and be aware of your company’s policies.
- Be honest: Let your employer know you need time off to address a personal issue.
- Reinforce your commitment: Assure them you are committed to recovery.
- Keep it simple: Share only what you feel comfortable disclosing.
- Adhere to company policy: Provide documentation and follow procedures.
Get Confidential Treatment for Addiction at Gratitude Lodge
When you are ready to commit to recovery, we can help you from detox to discharge and beyond at 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 complications or relapse. After detox, you can transition into inpatient or outpatient treatment.
We offer individualized therapy that may include:
- MAT (medication-assisted treatment)
- Psychotherapy
- Individual counseling
- Group therapy
- Family therapy
- Holistic therapy
- Aftercare
Call our friendly team at 844-576-0144 for immediate assistance in getting into rehab without losing your job.
Sources
- https://www.law.cornell.edu/cfr/text/29/825.119
- https://www.samhsa.gov/data/release/2021-national-survey-drug-use-and-health-nsduh-releases
- https://www.ada.gov/
- https://www.dol.gov/agencies/whd/fmla
