Addiction is a chronic and progressive disease that requires professional treatment to recover. Oftentimes, people avoid seeking help for their substance use disorders because they are worried about the implications of attending a rehab program. One of the main barriers to recovery is being concerned that you will lose your job while you are in a treatment facility.
If you are worried about whether you can get fired for going to rehab, you’ve come to the right place. While it might seem plausible that you will get fired for taking time off to attend rehab, there are actually protections in place to prevent this. For example, laws like the Family and Medical Leave Act (FMLA) and the Americans With Disabilities Act (ADA) will ensure your job is secured while you get the help you need.
You should never let your job stand in the way of recovering from addiction. The FMLA may ensure you get the time off you need to attend rehab while the ADA prevents your employer from firing you for discrimination against addiction. Plus, attending treatment and recovering from substance abuse will only improve your future job performance.
What you will learn:
- Whether your boss can fire you for attending rehab
- What is the FMLA and ADA
- How to speak to your employer about taking time off for treatment
- What situations could affect your ability to return to work
Can You Lose Your Job for Going to Rehab?
If you suffer from drug or alcohol abuse, you need to seek professional help. Over time, your substance abuse will affect your ability to maintain responsibilities. This means you will be less likely to perform well at work, which means treatment could actually improve your career.
Thankfully, your boss cannot fire you for attending rehab. There are laws in place that make it possible for you to take a leave of absence to seek treatment. Additionally, anti-discrimination laws prevent your employer from firing you simply because you have a substance use disorder.
The federal laws that prevent you from losing your job for receiving treatment include:
The Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) makes it possible for you to take up to 12 weeks of unpaid time off to care for a qualifying medical condition or family member who needs assistance. Thankfully, substance use disorders are considered as one of the qualifying medical conditions.
The FMLA allows you to take unpaid leave from your job for the following reasons:[1]
- Caring for a newborn baby or recovering from the birth of a child
- Taking care of an adopted or foster child within the first year of their placement in your home
- Helping your spouse, child, or parent recover from a serious health condition
- Seeking treatment for a serious medical condition that makes you unable to perform the essential duties of your job
One of the “serious health conditions” that is covered by the FMLA is drug addiction or alcoholism. Because substance and alcohol use disorders cause you to be unable to carry out essential tasks at work and require full-time treatment, this law protects your job while you seek the help you need.
Not everyone qualifies or FMLA leave. It is important to note that you must be working for your employer for at least 12 months before taking FMLA leave. Your employer must also be a “covered entity” under the FMLA guidelines.
The Americans With Disabilities Act (ADA)
The Americans With Disabilities Act (ADA) protects people with disabilities in many areas of their lives. For example, this law ensures people with disabilities have equal opportunities for employment, transportation, access to goods or services, and more.[2] Under the ADA, substance use disorders are considered a disability.
Since substance use disorder can be considered a disability, this law protects your right to employment. If you qualify under the ADA and ask to take time off to attend an addiction treatment program, your boss cannot fire you because you’ve admitted to suffering from addiction.
However, if your employer finds proof that you have been using drugs or alcohol on the job, the ADA does not protect against these offenses. Going to treatment before your addiction spirals out of control can save you from losing your career.
How to Talk to Your Employer About Going to Rehab
If you need to take time off of work to attend addiction treatment, it’s important to know how to discuss this situation with your boss. Telling your employer that you need to go to rehab can be a highly stressful conversation. You might be worried about how your boss will respond.
Thankfully, there are ways to make this conversation go easier. When talking to your employer about taking time off for rehab, you should:
- Explain to your boss that substance use disorder is a medical condition that requires inpatient treatment
- Let your boss know how important your job is to you by explaining how treatment will improve your ability to perform in your career
- Be honest about your substance use disorder and be prepared to show medical records that prove you need treatment
- Remind your boss about the FMLA and ADA if they are hesitant to offer you the time off that you need
- Offer to complete any pending tasks or deadlines before you leave for your time off and apologize for any scheduling issues your absence may cause
Situations Where You Could Get Fired for Substance Abuse
While your employer cannot fire you simply because you have a substance use disorder, some situations would be cause for termination. By seeking treatment before your addiction becomes severe, you can prevent yourself from losing your job.
The situations where your boss could fire you for substance abuse include:
- Showing up drunk or high to your workplace
- Being caught using substances at work
- Missing a considerable amount of work without taking time off or following protocols for calling in sick
- Not meeting job standards and performing poorly
- Causing an accident at work where you or your fellow employees were injured because of your substance abuse
- Failing a drug test after an accident occurred
- Displaying violent, aggressive, or unsavory behaviors because of your substance abuse, which puts other employees or clients at risk
Find Help for Drug Addiction and Alcoholism
If you or a loved one suffers from a substance use disorder, it’s time to seek help. Thankfully, laws like the FMLA and ADA prevent your boss from firing you for attending rehab. By seeking treatment as soon as possible, you can ensure that you keep your job and perform well in your career once you recover.
At PAX Memphis, we can connect you with a top-rated drug and alcohol rehab program in your area. Contact us today to learn more about how to begin your recovery journey.
References:
- The U.S. Department of Labor: Family and Medical Leave (FMLA)
- U.S. Department of Justice Civil Rights Division: Introduction to the Americans with Disabilities Act