If you’re struggling with substance abuse or addiction, you probably realize the importance of seeking treatment. Seeking out treatment is the only way to ensure you get the therapy and counseling you need to successfully move past the difficult mental and physical aspects of addiction. Unfortunately, craving out time and space for that can be difficult. Balancing a job while battling addiction can make the idea of taking time off for rehab feel overwhelming or out of reach. Not only do most workplaces struggle with allowing individuals 30-90 (or more) days free, many have aggressive anti-drug policies. As a result, many people are afraid they will lose their job if they go to rehab.
While some of these concerns are valid, there are laws in place designed to protect your job if you choose to seek rehab while maintaining employment. Understanding and utilizing these legal protections can make it possible to pursue treatment without risking your career. However, it’s important to note that these safeguards typically do not apply if you avoid treatment and your employer becomes aware of substance abuse. In many cases, proactively seeking help is not only beneficial for your health but it can also be the most effective way to safeguard your employment.
Review Your Options
Available rehab and treatment options may vary widely depending on your employer’s benefits and the resources in your area. For example, many employers offer substantial rehab and treatment coverage as part of medical plans and worker’s insurance. If your workplace offers these benefits, it’s important that you know about them and that you utilize them.
How can you find out without tipping your employer off? Simply request a copy of your medical benefits and rights from HR or check it on any online portal or access you might have. You’re not obliged to disclose why you’re making the request.
You likely have resources including:
- Sick leave
- Employee Assistance Programs (EAPs)
- Vacation Time
- FMLA (Described Below)
If you’re a union member, your union may have specific policies that entitle you to take time off for rehab. While this isn’t guaranteed in every case, it’s important to review your union’s guidelines and understand your rights and options.
Leverage FMLA Leave
The Family Medical Leave Act (FMLA) functions as a government-mandated protection for individuals in need of long-term medical care, including substance abuse recovery. FMLA comes into play when you have been with an employer for at least one year and your employer has over 50 employees. Here, you can request unpaid medical leave of up to 12 weeks, which is ample time to go to drug and alcohol detox and then into an inpatient rehabilitation program.
FMLA protects you from being fired during this period, though the time off is typically unpaid.
What If You’re Denied FMLA?
If your employer will not approve your FMLA leave, you may have a discrimination claim. You may also be eligible to apply for short-term disability benefits under your employer to cover the expenses of living while you are absent. Although you are required to formally request medical leave and perhaps discuss it in a meeting, you are not legally required to disclose the precise reason for which you are taking leave. If your employer is pressuring you to disclose your condition or denying you leave because you won’t, that is also considered discrimination.
Americans With Disability Act (ADA)
The Americans with Disability Act (ADA) defines substance addiction as a disability, meaning that you can apply for and get short-term disability while seeking treatment. This can help you to manage the costs of taking time off work, can help you to cover the costs of treatment, and can help you to continue to provide for your family while in recovery.
But there are a couple of things to keep in mind. If you’re addicted to alcohol, you can usually receive assistance under the ADA—even while you’re still drinking. But if you’re using illegal drugs, the rules are a bit different. You will probably have to stop using and detox before you can qualify for short-term disability benefits for your treatment.
Ask Insurance for Coverage
Addiction is considered to be an illness, which means that, under the Patient Protection and Affordable Care Act, insurers cannot deny you coverage. Substance abuse treatment is defined as a human right under the ACA. Although treatment is considered a human right, your insurer is not obliged to cover every aspect of treatment, every treatment provider, or every level of care. Talking to your insurance provider to discuss your options, which rehab centers they cover, and what percentage of treatment they pay will help you to more easily seek out rehab while taking unpaid leave, should it be necessary to do so.
Disclosure Isn’t Required
Most people are afraid of losing their jobs when they attend rehab—especially if the workplace has a no-drug or alcohol policy. In some professions, even a perceived use of drugs can destroy your reputation. For those who work in sensitive or high-profile work, this can translate to job loss or even losing clients. These fears are understandable, but knowing your rights and thinking about your options can help you protect both your career and your well-being.
While disclosing that you are seeking out substance abuse treatment can be helpful in some cases, it isn’t required. In fact, most laws stipulate non-disclosure dictating that you don’t have to tell your employer what medical treatment you are seeking. Employers are not allowed to ask you in any way that stipulates you have to answer.
This also holds true with clients, employees, and colleagues. You simply do not have to tell anyone where you are going or why.
It may be beneficial to disclose that you are seeking out treatment if your substance abuse is known, if you’ve been reprimanded for substance abuse in the past, or your substance abuse is an open secret. However, you should discuss your options with your manager or boss in private before disclosing to your entire workplace.
What Isn’t Protected?
While you are protected if you chose to seek out substance abuse treatment, not all aspects of substance abuse are protected. For example, your employer cannot fire you if you disclose you are taking leave to go to rehab, but they may fire you if you show up to work drunk or high. They may also fire you if they discover that you have shown up to work drunk or high in the past. For example, if you’ve made critical mistakes or even committed crimes, they can fire you, even if you’re currently seeking treatment.
While this can make seeking treatment more difficult, it’s important to review your behavior. If you have been drunk or high at work, you may not want to disclose that you are seeking treatment, because your employer may connect the dots and bring you up for review. If you’ve missed a lot of work days without taking leave, they may also choose to fire you, especially if they connect missed days to substance abuse rather than to whatever excuse you gave them. Exercise caution, be honest with yourself, and act accordingly.
Once you begin treatment, it’s important to make the most of that time to support your recovery. Stay in treatment for the full duration of the rehab program. Take the time to attend follow-up treatment and aftercare. Go to self-help or seek out a 12-step program. And, if you have disclosed your addiction to your employer, you should follow any program they’ve given you in order to return to work.
Call 12 South Today!
At 12 South Recovery, we aim to help restore balance to every area of life – treating the mind, body and spirit so our clients are able to find lasting recovery from addiction and other co-occurring disorders. Our unique Treatment Programs aim to address both addiction and the underlying causes.
Contact 12 South Recovery at 866-311-4524 today.
