If you’re considering going to addiction treatment but worried about losing your job, you’re not alone. Many people put off getting help because they don’t know their rights, or they’re afraid they’ll be fired for taking too much time off. The good news is that because of the Family and Medical Leave Act (FMLA), you may be more protected than you think. If you qualify for the FMLA, you’ll be able to get the care you need and know that your job will still be there when you return.
This guide will go over the following:
- What the FMLA is and who it helps
- How addiction treatment fits into it
- How to determine your eligibility
- Answers to common questions about the program
- Where to find support if you’re facing an addiction
If you or someone you care for is struggling with a substance use disorder and needs treatment, know that you have plenty of options. Lifetime Recovery can help you figure out which programs will best fit you or your loved one’s needs and answer any questions you might have about treatment. Contact us today to take the first step toward real change.
What Is FMLA?
The FMLA is a federal law passed in 1993 that gives eligible employees up to 12 weeks of unpaid leave each year to take care of personal or family health issues. While you won’t be making money during this time, it does protect your job and allows you to keep your health insurance through your employer. People typically use the FMLA when:
- They’ve just had a baby or adopted a child
- They’re caring for a spouse, child, parent, or other family member who has a medical condition
- They need time off for mental health or addiction treatment
- They’re recovering from a serious illness
Does Addiction Treatment Qualify for FMLA?
Yes, in some cases. If a licensed healthcare provider recommends treatment for drug or alcohol addiction and the treatment meets the definition of a “serious health condition,” it may qualify. You may be eligible to take protected leave for:
- Medical detox
- Partial hospitalization programs (PHPs)
- Intensive outpatient programs (IOPs)
- Inpatient rehab
- Continuing treatment such as therapy, counseling, or medication-assisted treatment
The key requirement is that treatment is prescribed and overseen by a licensed provider. As long as you’re not currently using drugs at work or violating your company’s policy, you can’t be fired just for trying to get help. Knowing you have job protection while you take care of yourself or a loved one is the purpose of the FMLA.
What Counts as a Serious Health Condition?
Under the FMLA, a serious health condition is something that:
- Stops you from doing your job
- Requires medical care
- Is diagnosed and managed by a licensed medical provider
A substance use disorder meets that definition when it causes problems at work, school, or in your home life, and when professional treatment is part of your recovery plan.
How to Determine Eligibility
If you want to use the FMLA to go to addiction treatment, you need to find out whether you’re eligible for the program. To qualify, you must meet four basic requirements:
- You work for a covered employer (a private employer with at least 50 employees, a public agency, or a school)
- You’ve worked at your job for at least 12 months total
- You’ve worked at least 1,250 hours in the past 12 months
- You work at a location where your employer has at least 50 employees within 75 miles
If you meet these criteria, your employer is legally required to provide FMLA leave, as long as your reason for leave qualifies.
Common FMLA Questions, Answered
Before you apply for FMLA, make sure you have all the facts. Here are the answers to some of the most frequently asked questions about the program:
How do I know if my employer is covered?
The Department of Labor has tools to check your eligibility, or you can ask your HR department without being required to provide personal details.
Will I be paid while on leave?
No, the FMLA only provides unpaid leave. However, some people use vacation days or sick leave during this time so they don’t go as long without an income. Short-term disability benefits may also apply, depending on your employer’s policies.
Can I get fired while on FMLA leave?
No, as long as you and your employer are both following the rules. If you’re approved for FMLA and using the time appropriately, your employer can’t legally fire you for taking leave. However, you won’t be protected from company-wide layoffs or violations of workplace policy.
What happens when I go back to work?
When someone returns to work after using FMLA, their employer must allow them to stay in the same job or a similar one that has the same pay, hours, and responsibilities. You can’t be demoted or otherwise punished for using your rights.
Will my treatment be kept private?
Yes. Addiction treatment is protected by HIPAA, which means your medical records are confidential. Your employer may require a form confirming that you’re taking leave for a health condition, but they won’t see your diagnosis unless you choose to share it.
Experience Healing at Lifetime Recovery
Using FMLA for rehab gives you the time and space to focus on your health without risking your job. Lifetime Recovery is here to support you through the process, from the initial assessment all the way through to aftercare planning. Reach out at any time to learn more about our programs and how we can help support you in being the healthiest version of yourself.
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