Will I Get Fired For Going To Rehab?

What do you need to know when you recognize you need addiction help for yourself or a loved one?

Drug and alcohol use disorders affect millions of Americans every year. But, the number of people who actually seek treatment is far less than the number of those who need help. According to the Substance Abuse and Mental Health Services Administration, in 2017, an estimated 20.7 million people age 12 and older needed treatment for a substance use disorder. Only 4 million people received treatment or about 19% of those who needed it

When looking into addiction treatment or rehab it is vital to identify the severity of the person’s need. How often and how much does the individual consume the substance? Do they have withdrawal symptoms if they try to cut down or stop the substance? Is it causing issues in their life with relationships, jobs, housing, transportation, legal, etc. What is the individual’s willingness to seek treatment and make changes?

Once you know some of these answers it is important to look into a professional for a substance abuse assessment. We suggest finding a separate organization to do this that will be able to give you a clear evaluation and recommendations that don’t benefit the organization directly. Many facilities do assessments and then automatically recommend treatment with them so they benefit from your needs. Thus, not always giving an unbiased assessment. We offer substance abuse assessments if you are interested.

Following an assessment the person will recommend some form of treatment usually detox, residential (rehab or 24 hour care), day treatment (PHP- 30 hours per week)  or outpatient treatment. In outpatient treatment there are different levels of care starting from intensive outpatient (IOP) that requires 9-12 hours per week (usually in the evenings). Then general outpatient (GOP) which is 1-7 hours per week. These levels of treatment often have group, individual and family treatment involved. You could also be recommended to find a therapist and engage in individual counseling.

Can you be fired from your job for going to rehab? Committing to treatment is a huge decision, but if you don’t get help, substance use will threaten your job security anyway.  Luckily, there are legal protections for someone who is working towards recovery. 

FMLA, or the Family and Medical Leave Act, offers protection against job termination for rehab. According to the United States Department of Labor FMLA gives some workers 12 work weeks of unpaid employment/position-protected leave for medical/family reasons. And you don’t have to say ‘why’.

The Surgeon General’s Report on Alcohol, Drugs, and Health states that a substance use disorder falls under the category of mental health disorders and thus is protected under the FMLA. Treatment, or rehab, qualifies as a medical reason to receive this 12 week leave period.

This protection resets every insurance calendar year, which can be a nice in the case of a relapse or additional need for other services in your recovery journey. FLMA ensures that during those 12 weeks you are not working you’ll still have access to your employee health benefits.

FLMA applies to all public agencies. You’re eligible under the FMLA if the following apply:

• You’ve worked for your employer at least 12 months;

• If you have worked for a minimum of 1,250 hours over the past 12 months;

• You’re employed at a site where the company employs 50 or more workers within 75 miles.

If you meet these criteria, you can’t be fired for going to rehab by simply taking an FMLA leave of absence.

Just because you’re eligible doesn’t mean FLMA automatically goes into action. Be sure to request an FMLA leave from your employer. 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, contact your employer as soon as possible. Most facilities have staff that can help you with this. They will also have the medical director write a note or fill out your employers paperwork to excuse you from work.

There is ADA Protection against being fired for going to rehab.

FMLA isn’t the only protection if you’re questioning “can I be fired for going to rehab?” The Americans with Disabilities Act, or ADA, is federal law that prohibits discrimination against employees who have disabilities.

Remember an individual with a disability doesn’t include a person who is currently using illegal drugs according to the United States Department of Justice. Under the ADA, an employer can terminate an employee if he or she is using drugs or alcohol on the job, if substance use impacts performance or productivity or if substance use creates unsafe conditions on the job. https://www.ada.gov/pubs/adastatute08.pdf

It’s a different matter if your employer discovers you’re going to rehab. For example, you’re going to take four weeks of your vacation hours and plan to spend it in rehab. Then your employer finds out that you’re going to enter treatment.

According to the ADA, you can’t be fired for going to rehab in this situation. 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. The law doesn’t look at past issues due to drug and alcohol abuse. If you look into chemical dependency treatment by yourself, you can’t be fired for going to rehab or be fired for past mistakes due to drug and alcohol use.

If you’re unsure about how entering treatment will impact your employment, talk to the admissions specialists at the rehab facility. They can help guide you on the best way to get into treatment and still keep your job.

When you are ready to talk to your boss about entering treatment, you may have concerns about job security and confidentiality. Most of the time people with substance use disorders face stigma in the workplace. By law, employers must maintain confidentiality regarding any information they receive regarding the addiction or substance abuse treatment of any of their employees.

But it is good to know that the understanding of addiction has evolved and many people are much more understanding, mostly when you are open and honest. It is a lot less difficult to approach an employer now than it was years ago. We have found many bosses very understanding and supportive when athletes and clients have went to them to seek help. However, you may still want to raise the topic carefully and with preparation.

Make sure to learn your company’s policies. You could read through new hire paperwork or check with Human Resources. 

Once you decide to get any level of treatment it is important that you finish what you start. Continue with aftercare and support. Find recovery support in your community like Addict II Athlete. It is long term support that will help you the most to be successful in recovery.