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The fear of losing your job is an entirely valid concern when you’re considering entering rehab or completing treatment. Worries about job security, income, and your future career can often add extra stress at a time when your focus should be on your recovery.
But knowing your employment rights can help you obtain peace of mind. Federal and state laws, along with certain workplace protections, are designed to support you while you get the treatment you need and transition back to work. Below, we take a closer look.
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What Are Your Employment Rights?
Before entering rehab, it’s natural to feel uncertain about how treatment might affect your job. Yet, understanding your legal rights can ease some of that anxiety and help you make informed decisions as you focus on recovery.
Two key federal laws that offer important protections include:
- Family and Medical Leave Act (FMLA): Provides eligible employees with up to 12 weeks of job-protected, unpaid leave to seek treatment.
- Americans with Disabilities Act (ADA): Protects individuals in recovery from discrimination and may require employers to provide reasonable accommodations during and after treatment.
In addition, some states offer their own protections, which may expand your rights beyond federal laws. While these safeguards are designed to support you, they also come with responsibilities, such as meeting eligibility requirements and maintaining communication with your employer when necessary.
Taking Time Off Work for Rehab
Getting the treatment you need is an essential step toward recovery, but for many people, requesting time away from work can feel stressful and overwhelming. The good news is that there are legal protections in place that can help you focus on your health without having to sacrifice your job.
As mentioned above, the Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period. This time can be used to obtain treatment for substance use or a related medical condition without fear of losing your position.
To qualify, you must:
- Work for an employer with 50 or more employees
- Have been employed there for at least 12 months
- Have worked a minimum of 1,250 hours during the past year
FMLA also requires your employer to maintain your existing health insurance during your leave, giving you added security while you focus on getting better.
But what about when it comes to actually requesting time off?
Here are a few tips to navigate the process:
- Start with HR or your supervisor: When possible, communicate directly with your human resources department, as they can guide you through the necessary forms and policies.
- Know your confidentiality rights: Under FMLA, your employer must keep details about your medical treatment private. You’re not required to disclose specifics about your diagnosis or recovery program.
- Be clear and professional: A simple statement like: “I need to request medical leave under FMLA for health-related treatment” is often enough.
Is Your Job Protected in Rehab?
Yes, you have legal protections here, too!
The Americans with Disabilities Act (ADA), mentioned above, prohibits employers from discriminating against individuals with disabilities, which can include substance use disorders in recovery. If you are seeking treatment or have completed rehab, you may be protected under the ADA.
With the ADA:
- Employers cannot fire, demote, or refuse to hire you solely because you sought treatment.
- You may be entitled to reasonable accommodations, such as flexible scheduling for therapy appointments or follow-up care.
- Active illegal drug use, however, is not protected under the ADA.
Ultimately, this protection gives you the freedom to prioritize your health without fear of automatic job loss due to past struggles.
Additionally, under both FMLA and ADA:
- Employers must keep your medical and treatment details confidential.
- Supervisors and co-workers generally cannot be told why you’re away unless you choose to share.
- Only HR and those handling accommodations may access relevant information—and they are legally required to protect your privacy.
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Returning to Work After Rehab
If you’ve taken leave under the Family and Medical Leave Act (FMLA), you are generally entitled to return to your job—or a comparable position with the same pay, benefits, and responsibilities.
Additionally, the Americans with Disabilities Act (ADA) protects individuals in recovery from discrimination and may require employers to provide reasonable accommodations to support your ongoing needs. Examples include:
- Adjusted work schedules for therapy or support group meetings
- Temporary workload modifications during the reintegration period
- Private spaces for counseling calls or telehealth appointments
It’s also worth noting that deciding how much to share about your treatment is a personal choice, and you are not required to disclose more than you’re comfortable with. In fact, having prepared answers to anticipated questions may help you navigate this more easily. And again, you don’t need to disclose what you don’t want to!
If you’re debating rehab and getting treatment for your substance use disorder, the Freedom Recovery Centers (FRC) is ready to help. Together, we can help you through this turbulent time, paving your way toward lasting healing and recovery. Call us at 804-635-3746 to take that first step today.
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