Going to rehab can be a challenging decision, especially when you have a job. Many questions might arise, such as whether you can get fired for seeking treatment or if you can take advantage of the Family and Medical Leave Act (FMLA) for rehab purposes. Additionally, you might wonder if you should disclose your situation to your employer and how to have that conversation. Spero Recovery offers information about these and other questions here.
Can You Get Fired for Going to Rehab?
The short answer to this question is no, you cannot get fired for going to rehab. There are many laws and legal protections in place to protect people seeking help for substance abuse disorder from employment discrimination. It’s important to be aware of your own workplace situation and what laws will apply. Things may be different if your workplace has a substance use policy that applies even when an employee is seeking treatment.
Under the Americans with Disabilities Act (ADA), addiction is considered a disability. Therefore, employers cannot terminate employees solely based on their addiction. However, it’s crucial to clarify that the ADA protects individuals who are currently not using drugs. If an employee is actively using drugs or their substance abuse affects their job performance, employers may take disciplinary action or fire that person.
Going to rehab and successfully completing treatment may be essential to doing your job well, a point you can bring up to an employer when discussing rehabilitation options.
It’s also worth noting that many companies have Employee Assistance Programs (EAPs) in place to support employees dealing with addiction issues. These programs often provide resources such as free counseling, referrals to treatment facilities, and access to support groups. By utilizing these programs, employees can proactively address their addiction problems while maintaining their jobs.
What is FMLA?
FMLA, which stands for the Family and Medical Leave Act, is a piece of legislation that aims to support employees in balancing their work and personal lives. Enacted in 1993, FMLA provides eligible employees with job-protected leave for specific family and medical reasons. This act ensures that employees can take time off from work to attend to important life business without the fear of losing their jobs or health benefits.
Under FMLA, eligible employees are entitled to up to 12 weeks of unpaid leave in a 12-month period. This leave can be used for various reasons, including the birth or adoption of a child, caring for a seriously ill family member, or attending to one’s own serious health condition (including substance abuse disorder).
FMLA was created to recognize the importance of family and health needs, without discrimination or danger of endangering a job due to personal business. Many companies see it as a way to show support for employees during challenging times.
How Does FMLA Work?
When considering rehab, it’s essential to understand how FMLA works. To take FMLA leave, you must notify your employer in advance when possible (except in emergency situations). You may need to provide medical documentation supporting your need for leave, such as a letter from your therapist or treatment center. It’s important to research the laws in your state and region to know exactly what regulations will apply to you.
During your FMLA leave, your employer is obligated to maintain your group health insurance coverage and to return you to the same position or an equivalent one upon your return to work. However, keep in mind that FMLA is unpaid leave, meaning you will not receive your regular salary during this period.
To qualify for FMLA coverage, an employee must fulfill the following conditions:
- A qualifying reason to leave, such as a health condition that keeps them from doing their work
- Work for a company with at least 50 employees within a 75-mile radius
- Have worked 1,250 hours or more
- Have worked for the employer for at least 12 months
Most companies based in the United States with 50 employees or more will qualify for FMLA.
Is FMLA for Rehab?
Yes, FMLA is for rehab. In some circumstances, FMLA funds can be used for drug rehab and treatment for drug addiction. It is a federal law that provides eligible employees with up to 12 weeks of unpaid leave to address serious health conditions. Substance abuse absolutely falls under this category.
This means that individuals struggling with addiction can potentially utilize FMLA to seek treatment and support their recovery journey. FMLA can provide a valuable safety net for employees who need rehabilitation services, and a large part of the spirit of the FMLA is to allow people to prioritize their health without the fear of losing their jobs.
Should You Tell Your Employer You’re Going to Rehab?
You should do so if it is necessary. But it depends on various factors, such as your relationship with your employer and how open they are toward mental health and addiction issues.
Deciding whether to disclose your rehab plans to your employer can be challenging. Sharing your intentions with your employer can allow them to potentially offer support. In some cases, they may even help you navigate the laws and restrictions around FMLA.
However, some employers may not be well-versed in handling such situations and could react negatively. This could lead to discrimination or even termination. It’s essential to weigh the pros and cons carefully before making a decision. If possible, talk to other employees that have navigated the human resources department of your company and get an idea of what the general attitude may be if you disclose going to treatment.
How to Tell Your Employer You’re Going to Rehab
If you decide to inform your employer about your rehab plans, it’s crucial to approach the conversation with care and preparation. Here are some tips to help guide you:
- Choose the right time and place to have the discussion. Find a private setting where you can have a focused conversation without interruptions. If you regularly have one-to-one meetings with a manager, consider making this the main topic of the conversation that week.
- Prepare what you want to say in advance. Be clear, honest, and concise about your need for treatment and your commitment to your job.
- Anticipate questions or concerns your employer may have. These may include the duration of your absence, how your workload will be managed, and your plan for staying sober after completing rehab.
- Offer solutions and suggestions to minimize the impact of your attending rehab. It’s imperative to speak to your employer’s main concern, which is how this will affect your work. Planning ahead for your absence can include proposing a temporary reassignment or a plan to delegate your responsibilities to a colleague during your absence.
- Assure your employer of your dedication to your job. It’s important to emphasize your desire to return as a healthier and more productive employee.
Remember, every situation is unique, and the decision to disclose your rehab plans to your employer is personal. Evaluate your circumstances and choose the path that feels most appropriate for you.
How Does Substance Use Disorder Affect Work?
A person’s job can definitely be affected by substance use disorder, even if it isn’t immediately apparent. For many people, seeing adverse effects on their jobs can be the breaking point that finally pushes them to seek treatment.
A job or workplace can be affected by an addiction in the following ways:
Substance abuse can impair cognitive function, attention, and decision-making abilities. This can lead to decreased productivity, errors, and poor job performance.
Individuals with substance use disorder may frequently miss work or arrive late due to hangovers, withdrawal symptoms, or being distracted by their need to obtain and use substances.
Substance abuse can increase the risk of workplace accidents and injuries. Someone that uses substances is more likely to have impaired coordination, judgment, and reflexes.
Individuals with substance use disorder may be more unreliable or unpredictable. This can come down to inconsistent attendance, performance, or behavior both when they are and are not intoxicated.
Substance abuse can lead to conflicts with coworkers or supervisors, as well as strained relationships with clients or customers. This can jeopardize professional connections and career advancement.
Individuals with substance use disorder may face stigma and discrimination in the workplace. Even if they start to seek help, they may still be primarily known for their addiction. This can further exacerbate feelings of isolation and hinder their ability to seek help
Substance use disorder may lead to legal issues, such as DUIs or drug-related arrests. This can have a cascading effect on work performance that can result in job loss, legal fees, or fines.
Recovery from addiction can take a long time and will sometimes include repairing relationships, even those with coworkers and bosses. It’s important to be open and honest during one’s personal inventory to ensure that you have an accurate understanding of what damage needs to be repaired.
Seeking Addiction Treatment in Colorado
It can be intimidating to ask for help with addiction. But opening up about your struggles with addiction may result in more allies than you may expect. People you work with may end up being extremely supportive and may provide invaluable help for conquering addiction.
At Spero Recovery, we provide comprehensive treatment and support for those suffering from addiction. Rather than an isolating experience, resources are available for every step of the recovery process. Our team will help you reach a life of new sobriety, as well as plan for a future without relapse. Contact us to learn more.
