Finding and getting treatment for an addiction can feel overwhelming – especially when job security is a concern. The fear of losing everything you’ve worked for keeps many from getting the help they need. However, in many cases, legal protections are in place to safeguard your employment while you focus on your recovery.
The fear of professional consequences shouldn’t stand between you and a healthier future. At United Recovery Project, we help individuals access treatment without jeopardizing their careers, guiding you on what can seem like an impossible choice.
If you have questions like, “Will I lose my job if I go to rehab?” or “Can my employer fire me for going to rehab?” keep reading. Below, we explore employee rights and rehab and the protections available to you – helping you take this next step forward with confidence.
Your Legal Rights: Can Your Employer Fire You for Going to Rehab?
Several federal laws provide protection for you when you need it the most. These include the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). State-specific protections may also apply. Below, we take a closer look so you can make informed decisions about your rehab journey without compromising your career.
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA), signed into law on July 26, 1990, protects people in recovery from discrimination. This means your employer cannot fire or refuse to accommodate you simply for getting addiction treatment. This law also considers addiction a condition that needs to be addressed medically.
However, while employees can’t be fired for getting addiction treatment, using drugs at work isn’t protected and may be grounds for dismissal.
Family and Medical Leave Act (FMLA)
If your employer has 50 or more employees, you may qualify for up to 12 weeks of unpaid, job-protected leave for rehab.
The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for medical reasons, including substance use treatment. This means you can get the rehab treatment you need without risking your job – as long as you meet the requirements and follow proper procedures.
For your FMLA request to obtain a leave for addiction treatment, you’ll need to:
- Notify your employer at least 30 days before your planned treatment. (If it’s an emergency, inform them as soon as possible.)
- Provide medical documentation from a healthcare provider confirming your need for leave.
- Work with Human Resources (HR) to complete the required FMLA paperwork.
- Maintain communication about your expected return date and any updates regarding your leave.
State-Specific Protections
Beyond federal laws, some states may offer additional protection for those who need addiction treatment. For example, certain states require employers to provide reasonable accommodations for employees in recovery or protect the right to get treatment, no matter the company size.
But state laws can vary. Thus, it’s important to check your specific protections or talk to your HR department. Many companies also offer Employee Assistance Programs (EAPs) that can help you understand your rights and guide you through the process.
How to Talk to Your Employer About Rehab
It can be daunting to bring up rehab with your employer. Many addicts hide their addictions, and it can be a surprise to those around them. Yet, in most cases, your first conversation should be with your Human Resources (HR) department – not your direct manager.
HR professionals are trained to handle sensitive medical information and can guide you through available benefits and your leave options. They’re also bound by strict confidentiality policies. If your company doesn’t have an HR department, however, it’s best to schedule a private meeting with your immediate supervisor.
If you’re uncertain how to bring up the topic, here’s a brief example: “I need to discuss something personal that affects my work schedule. I’ve made the decision to get medical treatment that will require me to take a leave of absence. I’d like to understand my options for medical leave and ensure my responsibilities are covered while I’m away.” This maintains appropriate boundaries and professionalism.
What Happens After Rehab? Returning to Work & Next Steps
Transitioning back to work post-treatment can mark a major milestone. It means you’ve completed rehab or are at a stage where you can continue rehab alongside your work responsibilities.
Before your first day back, it’s a good idea to connect with your HR department or immediate supervisor (whoever you went through to obtain your leave).
When returning to work, take time to review any changes in your role or responsibilities that may have happened while you were away. If needed, consider starting with a modified schedule to ease back into your routine. You may also get questions from colleagues, but remember – you control how much you choose to share. You can also prepare for these before you go back, such as determining how you’ll answer or how much you want to share.
You also have rights for continued support that can help maintain both your recovery and career success. These may include:
- Time off for outpatient programs or counseling sessions.
- Schedule adjustments for support group meetings.
- Access to Employee Assistance Program resources.
The good news is that many professionals return to work successfully after rehab. At United Recovery Project, we offer aftercare programs to help individuals reintegrate into their professional lives, guiding you forward toward success.
Don’t Wait to Get the Help You Need
It’s possible to undergo drug and alcohol rehab without losing your job. People do this all the time. Plus, reaching out for help is a sign of strength, not weakness. And, as such, legal protections exist to help you get back on track with your health and life.
If you’re struggling, don’t wait. Contact the United Recovery Project team to explore your treatment options that won’t put your career at risk.
