Can I Lose My Job For Going to Rehab?

Employees seeking treatment have legal protections under several laws, such as FMLA and the Rehabilitation Act. These laws encourage employed patients to seek help while ensuring stable finances when they return from treatment. 

Patients should understand these vital protections and how they work because taking an extended leave of absence for rehab may threaten continued employment. At-will employment allows an employer or employee to terminate their working relationship at any time for any non-protected reason. 

None of the laws on this list are specific to substance use disorder,  SUD. They cover many chronic medical conditions, such as cancer, that require ongoing care. Recent reclassifications of addiction as a chronic mental disorder allow people with SUD to benefit from the same protections.

Legal Protections for Substance Use Disorder Treatment

Patients can protect their employment with one or more of these regulations when attending rehab. Legal consultations might identify additional options; SoberMind Recovery is not a legal advisor. 

For example, patients interested in a stay with SoberMind Recovery should consider unpaid extended leave or apply for special accommodations. 

The Health Insurance Portability and Accountability Act (HIPAA) penalizes employers who use employees’ medical information (like rehab visits) to justify termination. Additionally, the Rehabilitation Act guarantees protections for employees of any business associated with the federal government.  

However, each law has stipulations, and not all apply to every situation or patient.  

FMLA 

The Family and Medical Leave Act provides employees with up to 12 weeks of unpaid leave for “qualifying health reasons” each year. This leave is separate from any paid time off accrued, and employees earn no wages during their medical absence.

Only employees who have worked with the company for at least one year can apply for FMLA benefits. Other, more granular qualifiers include the workplace’s location and unique details. 

Employer policies can  FMLA when related to drug use. Employers can terminate an employee for drug use that impacts their performance or attendance at the workplace. But, they must apply these policies equally to all employees. 

ADA 

The Americans with Disabilities Act doesn’t consider active use of illegal drugs a disability. However, it does protect patients of rehab programs from discrimination or retaliation. The ADA will not defend active users who use drugs in the workplace. Former users and in-treatment employees enjoy more protection. Employers cannot discriminate against an employee who attended rehab in the past and is not currently using drugs. 

Patients who want to benefit from the ADA cannot use their disability as an excuse. The law states they must meet the same standards for performance and conduct as their peers. They must also comply with all on-the-job drug policies. 

ADA case law protects legitimate and consistent visits to support groups and other sobriety resources. These protections apply even when the meetings take place during work hours. The ADA considers modified work schedules and other changes to help employees attend meetings with a “reasonable accommodation” that the employer must provide. A modified work schedule could let the employee leave early one day and make the hours up later in the same pay period.

Rehabilitation Act 

The Rehabilitation Act forces federal departments, contractors, or grant recipients to accommodate SUD treatment as they would for any disability. This act was one of the first significant disability rights laws. After its initial passage, it expanded from physical disabilities to any “physical or mental impairment,” which includes substance use disorder.

Employees must attend rehab to qualify for this protection. Employers can terminate an employee who refuses treatment.

Speaking to Employers About Going to Rehab 

As with vacations or leaves of absence, professional courtesy matters. Employees should, at minimum, disclose the days they expect to leave and return to work. They should also provide any necessary documentation to certify they have a legitimate, serious health condition. The patient can share additional information only if they choose to. 

Privacy and FMLA 

Substance use is a sensitive subject, so discretion is perfectly reasonable. Patients about to go to rehab can inform their employers that they require an extended leave of absence for their health. They can leave it at that. FMLA protects anyone who wants to keep additional details private. Any documents relevant to their leave must stay in a separate personnel file that most HR staff can’t access. 

Concerned colleagues may ask questions. Patients can tell them their leave will involve treatment to improve their personal and professional lives. This answer shows concern for job quality during a health crisis and the motivation to improve afterward. 

Honesty and Transparency 

Some coworkers will try to pry deeper. Patients can choose to disclose additional information about the nature of their condition to coworkers they feel close to. This honesty is not a requirement, but it can recruit trusted friends into the support network vital for post-rehab recovery. 

Obligations to Coworkers 

Patients should give their supervisors and coworkers advance notice of their absence to ensure a smooth transition. They should also cooperate with their team to reassign important job tasks to other teammates.

Other people to notify include members of partnering departments, clients, and external contacts. Each should know who to contact throughout the duration and when they should expect work to return to normal. Most professional email inboxes offer automated responses that share this information with anyone who sends them an email throughout their absence. 

Considering Inpatient Rehab? Call SoberMind Recovery 

SoberMind Recovery provides many inpatient and outpatient drug and alcohol rehab services, including long-term residential inpatient treatment. Other specialized programs include LGBTQ sober living and dual-diagnosis treatment. Los Angeles residents can call SoberMind’s toll-free number for more information about available treatment programs.