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Seeking treatment for an alcohol or drug addiction can be intimidating enough on its own, without the added stress of having to worry about your job while getting the help you need. Many people find themselves asking the question; “Can you be fired for going to rehab?”
While this is an understandable concern to have, you can rest easy knowing that there are legal protections in place to help working individuals get the help they need, without having to worry about repercussions with their jobs.
Keep reading to find out more about how you can get started on your path to recovery while keeping your job protected now!
The Family Medical Leave Act (FMLA) was signed into law in 1993, and since then has been providing job protection for individuals who are in need of medical care that will take them away from their work.
While this leave will be unpaid, not having to worry about being fired for getting the help you need can make your recovery process much easier and far less stressful. The United States Department of Labor states that a person may take up to 12 weeks of unpaid leave in order to make reasonable accommodations for their or a loved one’s healthcare needs.
Because a substance use disorder is considered to be within the category of behavioral and mental health disorders, it falls under the protection of the FMLA. This means that seeking out an addiction rehab facility will qualify as a proper medical reason. Using FMLA for rehab is accepted and frequently done by many who seek help for substance use or mental health.
This protection is also offered on an annual basis meaning that, in the unfortunate event of a relapse, you will be able to take this leave again after a year and restart your recovery journey on a clean slate.
The FLMA covers all public agencies, all individuals employed through public school systems, and any companies that have maintained over 50 employees. When employers are eligible for FMLA under these requirements, their eligible employees must be offered up to 12 weeks of unpaid leave on an annual basis if they are experiencing a serious health condition.
Qualifying conditions under the FMLA include:
If these criteria are met, you will not be able to be fired for getting addiction rehabilitation treatment once you have been approved for FMLA leave. Of course, eligibility does not automatically mean that these protections will be put in place.
You will have to request this leave through your employer before you are able to enter treatment. Not following the correct FMLA process can result in termination from your job, so it is important to move through this process carefully and correctly.
Serious health conditions are those that are considered to be severe enough that they prevent you from being able to perform basic requirements and duties for your job. This means that a serious cold or other temporary ailments will not qualify for leave through the FMLA.
Conditions that qualify under this protection are those that require intensive, long-term treatment. This may apply to several different physical health conditions, including:
There are also several mental health conditions that are covered under FMLA protection, including:
The FMLA is not the only federal law in place that offers protection for those who are taking time away from work to get help for a substance use disorder. The Americans with Disabilities Act (ADA), alongside The Rehabilitation Act of 1973, for starters, are both federal laws prohibiting discrimination against individuals with disabilities by their employers.
Of course, it is important to keep in mind that substance abuse alone does not equal a disability. If your employer finds that you are abusing illegal drugs or alcohol while on the job, or that your habits of users are creating unsafe work conditions, you can be terminated for this behavior.
Many employers have manual periodic drug testing procedures in their company’s policy. This can help make sure their employees are maintaining a safe and productive work environment, and make sure company time is being used effectively.
If your employer finds out that you are planning to take time away from work to get help for your substance use disorder, however, they will not be able to fire you under these circumstances under the ADA.
This is because the chemical dependency that comes with a substance use disorder is considered a disability, and can have a severe impact on your daily life. Seeking treatment voluntarily means that you will not be able to be fired for past behaviors of drug or alcohol abuse.
If you are still unsure about how seeking treatment may affect your job, you can speak with one of the Rehabs Of Armerica representatives today. Our team of addiction specialists can help navigate you through the treatment process, and help you understand what protections are in place to help you keep your job.
Along with various other medical services, the FMLA protects your ability to seek out mental health rehab treatment services with job security if you have to miss work. This protection provided by the FMLA applies to individuals who have a severe mental health condition that has been officially diagnosed by a licensed healthcare provider.
According to the Substance Abuse and Mental Health Services Administration (SAMSHA), it is often crucial for individuals struggling with drug abuse to seek treatment through dual diagnosis treatment options.
This is because, in many cases, a person’s drug or alcohol abuse may be triggered by underlying mental health disorders. These are known as co-occurring disorders and can be incredibly destructive to the suffering individual’s well-being without proper care.
Using FMLA leave to seek out dual diagnosis treatment programs can help you address both of these issues at the same time through participating in various therapeutic activities and practices, such as:
When seeking treatment for a drug or alcohol addiction, you are not obligated to share this information unless you choose to do so. This means you will not get fired for going to rehab, and you can get the help you need without worrying about its effect on your job performance.
Under the Health Insurance Portability and Accountability Act (HIPAA) which was passed in 1996, your medical information is protected from being shared without your consent. Even if your insurance is provided through a covered employer, you will still be able to receive treatment in confidentiality.
HIPAA allows you to enter rehab privately and discreetly, keeping your personal issues personal. Not having to worry about office gossip while getting the help you need can help make your recovery process much smoother, and less intimidating to start.
How long the rehabilitation process can last will vary on a case-by-case basis, as each person’s treatment needs will be very specific. Generally, the medical detox process will take anywhere between a few days to weeks, depending on how severe your addiction is.
Once this has been completed, if you choose to move on to additional treatment through an inpatient program, these will typically last from 30, 60, to even 90 days or longer. If you are taking an FMLA leave, outpatient treatment may be a more affordable and flexible treatment option after detox.
With that being said, speaking with a Rehabs Of Armerica representative can help you better understand your needs, and what levels of care will be best for addressing these needs.
Because FMLA leave is unpaid, many people using this time off may find themselves wondering how they will be able to pay for treatment. Fortunately, there are several options available to help cover the out-of-pocket expenses that come with treating substance use disorders.
One of the most common methods of covering the costs of medical care is getting health insurance. Under the Affordable Care Act (ACA), most health insurance providers are required to offer coverage for mental health rehab and addiction treatment services to their clients.
While the exact amount of coverage offered may vary based on your specific healthcare provider, insurance policy, and treatment needs, having a policy in place when seeking in-network treatment can help significantly minimize your expenses.
Not having to work about the costs of attending rehab, means you can recover from your drug use with minimal worries. If you are unsure of what coverage you may be able to receive, you can speak with a Rehabs Of Armerica representative, or use our fast and free insurance verification tool to instantly check what levels of care are covered under your plan today!
Not having insurance while trying to recover from an active addiction can feel like a major setback, but it doesn’t have to be. There are many low-cost rehab options and methods of paying for treatment that does not involve insurance, including:
If you or a loved one is struggling with a substance use disorder and need to take time away from work to get help, know that you are not alone, and recovery is possible! The Rehabs Of Armerica team is available 24 hours a day, 7 days a week to find you treatment options that can cover all of your care needs, nationwide!
Call now, and we will answer all of your recovery questions and help you take the first step on your path to sobriety, where you can become a better employee and a happier, healthier you, today!
Anna M. joined Find Addiction Rehabs with extensive experience in the field of addiction treatment. As a former Nurse Practitioner in Miami, she found her passion for addiction treatment when a family member was lost to his disease. With each article and resource, she hopes to save other families from experiencing the anguish of a loved one’s passing due to drinking or drugs.
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