Many people delay getting help for addiction because they worry about losing their job. The good news is that federal laws protect most workers who seek treatment. Understanding your rights can help you make the right choice for your health and future.
Legal Protection for Treatment
The Americans with Disabilities Act (ADA) protects people with substance use disorders who seek treatment. This means your employer cannot legally fire you just for going to rehab. The Family and Medical Leave Act (FMLA) offers additional protection, allowing you to take time off for treatment while keeping your job safe.
Understanding FMLA Coverage
If you’ve worked at your job for at least a year and your company has 50 or more employees, FMLA typically covers your treatment. This law gives you up to 12 weeks of unpaid leave for medical reasons, including substance use treatment. Your employer must hold your job or an equivalent position until you return.
Keeping Your Privacy
You might worry about coworkers finding out about your treatment. Privacy laws protect your medical information. Your employer can only share your situation with people who need to know, like HR staff handling your leave paperwork. You don’t have to tell your coworkers why you’re taking time off.
Steps to Take Before Treatment
Before starting treatment, take these important steps to protect your job:
- Talk to your HR department or supervisor about taking medical leave. You don’t have to share details about your condition, but you need to follow your company’s leave policies.
- Get documentation from your healthcare provider about your need for treatment. This helps support your leave request and protects your rights.
- Understand your company’s policies about medical leave and return to work requirements. Some employers might ask for a doctor’s note clearing you to return.
What About Smaller Companies?
If your employer has fewer than 50 workers, FMLA might not apply. However, state laws or company policies might still protect your job. Many smaller companies work with employees who need treatment because they value keeping good workers.
After Treatment
Planning your return to work is an important part of recovery. Most people find their job performance improves after treatment because they can focus better and have new coping skills. Your treatment center can help you plan a smooth transition back to work.
When to Seek Help
Waiting to get help can make addiction worse. This often leads to poor work performance, which puts your job at greater risk than taking time for treatment. Getting help early protects both your career and your health.
Remember that seeking treatment shows responsibility and commitment to your job performance. Many employers respect workers who take steps to address personal challenges.
If you’re ready to start treatment but have concerns about your job, reach out to Drew Horowitz & Associates at (800) 731-0854. Our team can help you understand your rights and create a recovery plan that works with your employment situation.
