When you’re living with a substance use disorder (SUD), deciding to seek treatment is one of the most important steps you can take for your health and your future. Unfortunately, many people worry that taking time away from work to enter treatment could put their job at risk, causing them to wonder if they’ll lose their job or get fired for getting the help that they need.
The good news is that, in many situations, the Family and Medical Leave Act (FMLA) allows eligible employees to take protected leave for substance use disorder treatment. FMLA is a federal law that recognizes that substance use disorder is a serious health condition that often requires ongoing medical care or behavioral health treatment.
Whether you need treatment but don’t want to lose your job or know someone who is in this situation, this guide can help you understand how the FMLA works, who is eligible, and what your rights are.
What Is the Family and Medical Leave Act (FMLA)?
The Family and Medical Leave Act is a federal law that gives eligible employees up to 12 weeks of unpaid, job-protected leave during a 12-month period for certain qualifying medical and family reasons.[1] The FMLA was created to help employees manage significant health and family responsibilities without having to choose between their well-being and their job security.
When someone takes approved Family and Medical Leave, their employer is required to protect their job or provide an equivalent position when they return to work. In the meantime, their health insurance benefits typically continue under the same terms as if they were working. Additionally, their employer cannot legally retaliate against them for taking qualifying medical leave.
Can You Use Family and Medical Leave for Drug and Alcohol Rehab Programs?
Yes, in many cases, the FMLA can ensure unpaid time away from work for substance use disorder treatment when it qualifies as a serious health condition.[2] However, you must meet the law’s eligibility requirements.
While the FMLA can protect your job while you get treatment for a substance use disorder, it does not protect you from your employer taking disciplinary action for violating workplace policies related to substance use. For example, if an employer has a lawful drug-free workplace policy or addresses performance issues unrelated to your approved leave, those policies may still apply.
In other words, the law protects your right to seek medically necessary treatment and have a job when you’re done. It doesn’t protect you from the effects of substance use itself.
Who Qualifies To Use The FMLA? Understanding Covered Employers and Eligible Employees
Not every employed individual in the U.S. is eligible for Family and Medical Leave. Both the employer and employee must meet certain eligibility requirements.
Generally, someone is eligible for Family and Medical Leave if they:[1]
- Have worked for their employer for at least 12 months (these months do not have to be consecutive in every situation).
- Have worked at least 1,250 hours during the previous 12 months.
- Work for a covered employer
A covered employer is an employer that is legally required to comply with the FMLA. This includes:[1]
- Private-sector employers that have 50 or more employees for at least 20 workweeks during the current or previous calendar year, and employ those workers within a 75-mile radius of the employee’s worksite.
- Public agencies, including federal, state, and local government employers, regardless of the number of employees.
- Public and private elementary and secondary schools, regardless of the number of employees.
If you’re unsure whether you qualify, your employer’s human resources department can explain the eligibility requirements without requiring you to share more medical information than necessary.
Does Your Employer Have To Know You’re Going to Rehab?
Anonymity and privacy are important to many people in recovery, especially in workplace settings. As a result, many people worry that requesting leave means disclosing deeply personal information about their mental health to supervisors or coworkers. However, your information is supposed to remain confidential.
Employers, specifically HR departments, may receive enough documentation to determine whether your leave qualifies under FMLA, but they are not automatically entitled to detailed medical records or a complete explanation of your diagnosis. This information is required to remain within HR departments rather than be shared widely throughout workplaces.
You also are not required to discuss your medical condition with coworkers. Many employees simply tell colleagues they are taking approved medical leave to care for themselves or a family member.
How Does The Process Work?
The process of using the FMLA to take time off work for rehab often begins when someone gets a substance use evaluation when inquiring about treatment. When a higher level of care is recommended, such as partial hospitalization or inpatient rehab, individuals may begin exploring ways to take time off work to get care.
If you find yourself in this situation and qualify for the FMLA, your employer may ask for medical certification confirming that you have a qualifying serious health condition requiring leave. The certification generally documents the need for treatment and the expected duration of leave, rather than providing detailed information about your diagnosis or treatment plan.
Once your leave is approved, you’ll be able to attend substance use disorder treatment without worrying about whether or not you will still have your job when you are ready to return to work. Your health insurance coverage will remain active, so long as you continue paying your portion of your deductible.
Take The First Step By Finding Treatment Today
If you or someone you care about is looking for substance use disorder treatment, you don’t have to navigate the process alone. Visit https://apcbham.org/findhelp/ to explore local treatment resources.
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