Drug and alcohol abuse harms your health, emotional well-being, and every other part of your life. Living with addiction can keep you from functioning well and living a healthy lifestyle. It can lead to immediate harm and long-term consequences. Addiction can quickly spiral into a life-threatening condition.
Many people do not seek addiction treatment, even as addiction destroys their lives. Fewer than one in ten people will seek SUD treatment. Fear of losing their job is one of the biggest barriers between people with addiction and the help they need to recover.
If you need treatment for drug or alcohol addiction but don’t want to lose your job, you are not alone. About 70% of people with a substance use disorder (SUD) are employed. Fortunately, there are laws and regulations that prevent people from being fired for going to rehab.
This article will provide an overview of the laws protecting your job if you need rehab. Contact the Alamo Behavioral Health specialists to learn more about keeping your job during rehab. You may also explore your treatment options, verify your insurance, or schedule an intake assessment.
Can I Keep My Job During Rehab?
Living with addiction can impact your health, functioning, and emotional well-being. Drug and alcohol abuse affects your job performance and may create an unsafe working environment for others.
When you have alcohol or drug addiction, receiving treatment is critical. However, you may worry that you will lose your job if you take time to participate in a rehab program.
Everyone has their own experience with addiction, treatment, and recovery. Some people may be able to attend outpatient rehab programs, including:
- Intensive outpatient programs (IOP)
- Partial hospitalization programs (PHP)
- Outpatient detox and rehab programs
These programs are often flexible enough that people can continue working while receiving the treatment they need to recover.
However, some people may need to take a leave of absence from work to attend rehab. They may require full-time, inpatient rehab or an intensive outpatient program. In these cases, several laws prevent employers from firing people for seeking treatment.
What Laws Protect My Job While I’m in Rehab?
Several federal laws protect your employment while you attend addiction treatment programs. Here is an overview of these laws.
The Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) ensures you can take up to 12 weeks of unpaid time off to attend rehab. You need to meet specific criteria to use FMLA to go to rehab. This includes:
- Your company must have a minimum of 50 employees
- You must have worked for the company for at least 12 consecutive months. You must have worked at least 1250 hours before taking a leave of absence to attend rehab.
- You must attend a licensed, evidence-based rehab program during your leave of absence
Consult your employer’s Human Resources department to determine if you can use FMLA.
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) prohibits employers from discriminating against or firing workers with a substance use disorder (SUD). Under the ADA, you may be eligible to adjust your working hours to accommodate rehab or treatment-related activities, including:
- Drug tests
- Medical appointments
- 12-step meetings
- Treatment sessions
The ADA allows people to engage in recovery-related activities without fear of discrimination or termination.
Health Insurance Portability and Accountability Act (HIPAA)
HIPAA is a federal law that protects the privacy of your mental health, medical, and addiction treatment information. It ensures your employer cannot access information about a medical condition, including an SUD, without your consent.
What Steps Should I Take to Keep My Job During Rehab?
You must talk to your employer about taking a leave of absence to attend rehab. It’s essential to understand your rights. Then, follow these steps to ensure the best outcome.
1. Get a diagnosis
Get a substance abuse evaluation. Your doctor or another medical professional can perform this evaluation and provide a formal substance use disorder diagnosis.
2. Find a treatment program
Your doctor or an addiction treatment specialist will recommend a level of care to meet your needs. You may begin looking for a treatment program to meet your needs.
Make sure the rehab facility provides the level of care you need. Ensure it can accommodate any medical or mental health conditions you have.
3. Contact HR
Contact your Human Resources representative and tell them you need to take a leave of absence to go to rehab. Your HR representative will assist you in filling out the paperwork and creating a return-to-work agreement.
4. Communicate
It’s important to stay focused on recovery during rehab. However, staying in touch with your employer can help you have a smoother return to work when the time comes. Tell your employer about changes to your schedule or adjustments to your return-to-work plan.
Get Help Now
If you or someone you love needs addiction treatment, the help you need is available at Alamo Behavioral Health. Contact our specialists to explore your treatment options or schedule an intake assessment.
