If y'all are currently working and thinking about taking leave to address a substance use disorder, in that location are federal laws and policies in identify to help protect you from losing your job. Read below because you may qualify for protection based on your current state of affairs. Also learn some tips on how to prepare to talk to your dominate about taking medical exit for handling.

Federal law prohibits employers from discriminating confronting employees based on disability. Many people with past or current drug or alcohol bug are protected from discrimination by:i

  • The Americans with Disabilities Deed (ADA).
  • The Rehabilitation Human action of 1973.

Man having a serious talk with female businesswoman, concept of talking to bossDrug and alcohol utilize disorders send millions of Americans to handling every year. But, the number of people who really nourish is far lower than the number of those who need help. According to the Substance Abuse and Mental Health Services Administration, 23.5 one thousand thousand people over the age of 12 needed handling for an illicit drug or alcohol abuse trouble in 2009, but only 2.six one thousand thousand actually received that handling.ii

Co-ordinate to reports, an estimated 10% to 25% of the American population is working while under the influence of drugs or alcohol.3 If you are working and dealing with addiction, you may be apprehensive nigh seeking handling due to stigma or concerns about losing your job.

Can Yous Get Fired for Going to Rehab?

Believe it or not, work can actually exist a place that enables the process of healing from habit to brainstorm. Sadly, many employees are unaware of resource that be in their companies as well as the legal protections afforded to them. For example, you may have an employee assistance plan (EAP) at your workplace and be eligible to take unpaid leave for treatment nether the Family unit and Medical Leave Human action (FMLA). If you lot a struggling with addiction, it may benefit yous to await into the resources that your employer offers. Admitting you have a trouble to your employer and seeking the assistance you need tin can be the beginning of a new and sober life.

However, you lot may still be wondering, can I be fired for going to rehab? There is no hard answer to that question—sure laws will utilise to protect you, but the employer does retain the right to terminate your employment in some cases (see beneath). It is important to understand, though, that yous are far less probable to be fired if you seek treatment and use your legal protections to attend rehab than if you permit your substance use negatively affect your work. Employers are not obliged to protect your chore if your drug or alcohol utilise is impairing your ability to do your job and/or y'all are endangering yourself or your coworkers. In some cases, however, they will protect your chore if you get out to attend treatment.

Using Family and Medical Leave Human action (FMLA) for Drug or Alcohol Rehab treatment

If you are wondering whether y'all have the correct to take medical leave to attend treatment, you are not alone. Most people in your shoes accept the aforementioned question. The answer is, in most cases, yous can take go out.

Below are some options for how to take fourth dimension off to address your habit. FMLA gives employees upwardly to 12 weeks of unpaid leave during a 12-calendar month menstruum for certain qualifying reasons.iv One qualifying reason for leave is a serious health condition past which your healthcare provider finds you lot unable to work at all or unable to perform whatever i of the essential functions of your task.

Just, if you miss piece of work because you are using a substance and not seeking treatment, you do not authorize for FMLA leave. Per the Section of Labor'due south website, "FMLA leave may merely be taken for substance abuse treatment provided by a wellness care provider or past a provider of health care services on referral by a health care provider. Absence because of the employee's utilise of the substance, rather than for treatment, does non qualify for FMLA get out."4

This law does not ever protect you from any legal action. Your employer cannot discriminate against yous for taking FMLA leave; but, if they accept a substance corruption policy that is given to employees and practical in a nondiscriminatory mode and information technology includes a provision on enrolling in treatment, they may terminate your employment, regardless of whether you are currently on leave for handling. In the absence of whatsoever formal visitor policy on the issue, you may take FMLA get out and render to your chore later completing leave.5 A good identify to offset to see if your employer has a policy in place is your new-rent paperwork. You lot can also inquire your HR department.

Other eligibility requirements for FMLA get out include:

  • Your employer has 50 or more employees within 75 miles of the worksite.
  • Yous must have been employed by a covered employer for at least 12 months and worked at least 1,250 hours during the year earlier yous take get out.

If your employer denies your leave request for handling, it is possible that they have violated the ADA or the Rehabilitation Act and you may be able to file a complaint or charge.

If at any time, you feel like you have been discriminated against, you can file a complaint or charge with the U.Due south. Equal Employment Opportunity Committee.

For more information about medical leave rights (FMLA), you tin visit https://www.dol.gov/whd/fmla/employeeguide.pdf or phone call (866) 487-9243.

The Americans with Disabilities Act (ADA) and Task Protection

The Americans with Disabilities Act (ADA) prohibits most employers from refusing to hire, firing, or discriminating against qualified potential employees based on their disability. The law protects workers in recovery from alcoholism or drug addiction and qualifies addiction equally a disability.vi

Electric current drug use is not protected and electric current alcohol drinkers are non protected if drinking affects their piece of work. Depending on a number of factors, including whether you are coming to work high or drunk, or if you pose a threat to employees or yourself, you may not authorize for protection. However, if you accept gone to rehab and are not using drugs, or you are currently enrolled in a rehab plan and not using drugs, you lot are likely protected. Information technology can get slightly tricky when defining "electric current" substance use considering, in some cases, employees who have not used for weeks or months have been defined as "electric current" substance abusers and been terminated. Read more nearly this here.

I of the most important requirements of the ADA is for your employer to provide reasonable accommodations if you qualify as having a disability. A substance use disorder qualifies equally a disability if it limits a major life action.6 If you struggle with alcoholism, reasonable adaptation could involve a modified piece of work schedule so that you can attend 12-step meetings or take a exit of absenteeism. Under Department 501 of the Rehabilitation Act, at that place is a alert to employees with alcohol-related bug that there volition be actions taken against them if they practise non seek addiction treatment.

The Laws at a Glance

Beneath is an overview of laws that are useful to know nearly your drug or booze use:6

  • If you are currently using illegal drugs, you exercise not qualify as an private with a inability if your employer decides to take action apropos your drug utilize.
  • Your employer cannot discriminate against you if y'all take a history of drug addiction but are no longer actively abusing substances.
  • The FMLA protects you if you take leave for a serious health condition.
  • You can take upward to 12 weeks of unpaid time off from work per twelvemonth under the FMLA to attend rehab.
  • Your employer can ban the illegal use of drugs at your workplace.
  • Information technology is non a violation of the ADA for an employer to give tests for the illegal use of drugs.
  • You can exist fired or denied employment if you are currently using illegal drugs.
  • Your employer can acquit drug tests to detect the use of illegal drugs.

If you'd similar to know whether your insurance may cover the total or partial toll of rehabilitation at one of American Addiction Centers' diverse rehab centers across usa, only fill in your information in the form below.

How To Tell Your Employer You Are Going To Rehab

When you are ready to talk to your boss virtually entering treatment, you lot may have concerns nigh job security, confidentiality and even how to tell your employer. This is an understandable concern if you lot want to get to rehab and keep your task. In general, people with substance use disorders face stigma in the workplace. Employers may be agape to hire people with a history of addiction. Unfortunately, employers may mistreat these employees, comparing them to other workers who have not been in recovery. Studies show that the stigma experienced past people with substance apply disorders is comparable to HIV/AIDS, mental disorders, and beingness an ex-convict.7 This is a hard reality that you may desire to take into consideration when yous are preparing to talk to your boss.

Being honest virtually the fact that you need help can shift your boss's attention abroad from suspicion and onto a proactive approach to helping y'all get better.But, yous can have some condolement in knowing that the agreement of habit has evolved and many people at present see it as a chronic and relapsing illness of the encephalon and not a moral failure. This ways information technology may be a lot less difficult to an approach an employer now vs. 20 years ago. You will nevertheless want to broach the topic carefully and with preparation, however. Below are some strategies that may help:

  • Have the conversation sooner rather than subsequently. Considering issues with addiction can spiral out of command, it is of import that yous talk to your dominate as soon as you tin can. Having an upfront, honest conversation can salvage you from losing your job downwardly the line.
  • Do your enquiry. Learn about your visitor's policies. You can read through your hiring paperwork or look online for details on your company'south policy and resources for struggling employees. If you can't observe whatsoever information, check with Human Resources.
  • Understand your legal rights. Knowing your rights under the law will brand information technology easier to enquire for the help and resources you demand to get better and/or receive the accommodations you need to maintain your sobriety.
  • Avoid telling any coworkers before telling your dominate. Part gossip spreads, and y'all'll want to exist able to arts and crafts the message you relay to your boss without it getting distorted through other channels first.
  • Take your treatment programme lined upwardly. You can reach out to rehab centers that offering handling to people who are working or who are taking leave. When you talk to your dominate, y'all can let them know what your plans are so they feel confident in the positive steps you are taking to get meliorate.
  • Be straightforward. Make sure you are clear with your employer well-nigh the time you need to take off for treatment. Even if you think that you can manage going to treatment and working, chances are your withdrawal symptoms are going to be uncomfortable and you will need or desire enough fourth dimension to rest. You may be drained afterwards treatment and need some time to focus on applying the skills you learned to your daily life.
  • Exist honest. You can open up up to your dominate nigh how handling will help you become a ameliorate employee. If you are suffering in agile habit, there's a expert take a chance your work has already suffered to some degree and that both your boss and your boyfriend employees doubtable a problem. Oftentimes, a person trying to hibernate their addiction isn't as proficient at doing so every bit they think. Others may take noticed missed deadlines, changes in mood or appearance, odors similar alcohol, etc. Being honest about the fact that y'all need help can shift your boss'south attending abroad from suspicion and onto a proactive approach to helping you become better.

Drug Testing for Pre-Employment or Existing Job

An employer can drug test at any time. If yous are applying for a position, you may be required to take a pre-employment drug test as a status of your chore offer. You may also be required to have drug tests even if the drug test is not related to your position or necessary for the business organisation. If you exam positive for drugs during a drug test, this information will be kept confidential, like any medical record.half-dozen You may besides be tested afterwards returning from handling. If y'all test positive, your employer may consider you a "electric current" drug user and stop your job.6

Employers take the right to fire or field of study an employee based on their drug test results, fifty-fifty if you claim that y'all take recently stopped using illegal drugs. But, employers cannot fire y'all based on the presence of prescription drugs or legal medication like methadone, and an employer may not inquire what prescription drugs you are taking before making a job offer.vi

Employee Assistance Programs

If you are dealing with a drug or alcohol use issue and you are wondering where to start in seeking support, yous can check with your work's homo resource section or read your hiring paperwork to see if your employer offers an Employee Help Program (EAP).8 EAPs are dandy ways to get access to screening, treatment referrals, and follow-up intendance. You may as well exist experiencing other issues in your life that are making your substance abuse issues worse – such as issues with a spouse or kid, financial problems, or other personal issues, and this could exist affecting your work. EAPs are completely confidential, and if yous take one in place, yous should take reward of information technology.9

If yous struggle with substance corruption problems and you lot're worried that you lot might lose your task when you enter rehab, recall that yous demand to go the help you demand no thing what phase of addiction you are in. You lot may feel similar you are holding it together now, simply sooner or later, you won't be able to office at piece of work if yous continue downwards the spiral of addiction. You could lose your task. You could suffer even more than severe consequences like drunk driving or overdose. Don't wait until it's besides late. Get the help you need today.

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