When you are employed and dealing with substance addiction, the idea of going to rehab is daunting. Taking the courageous step to enter rehab is pivotal, as most of us are concerned about the impact on our job security. You know it is the right thing to do for your physical and mental health, and it will make you a better employee. But won’t you most certainly lose your job in the process? 

The answer is more complex than one-size-fits-all. In many cases, an employer cannot fire you for entering rehab, but it is highly circumstantial. Understanding your rights as an employee can guide you in seeking the help you need and maintaining your career.

Below, we will discuss your legal protections as an employee, what level of rehab best fits your situation, and some suggestions for approaching your employer about entering rehab.

Can I Be Fired for Going to Rehab?

The short answer to this question is yes; an employer can terminate your job in some circumstances. Where it gets tricky is the grounds they might have for termination. There are two ways in which going to rehab could result in a job loss:

1. An employee engages in misconduct that results in their inability to carry out their job responsibilities
2. An employee shows a decline in engagement with their performance on the job

While this is vague and highly dependent on your work, knowing your employer’s rights can help you find the best rehab for your situation.

Knowing Your Rights

Federal laws are in place to prevent employers from discriminating against people with eligible disabilities, provide leave for employees under medical circumstances, and prevent employers from using medical information against employees. Below is an overview of what laws can work in your favor.

Americans With Disabilities Act, 1990

The Americans With Disabilities Act (ADA) is a federal law designed to protect employees with a disability, designated as a physical or mental impairment limiting activities vital to an individual’s livelihood. Examples of this would be:

• Cooking
• Cleaning
• Taking care of hygiene
• Being regularly employed

The ADA also protects you from being discriminated against in any future job you may wish to seek out if you are in the process of or have successfully completed a rehab program. 

Family and Medical Leave Act, 1993

The Family and Medical Leave Act, or FMLA, allows employees to take 12 weeks of unpaid medical leave per year while protecting job security. Addiction is a diagnosable medical illness and therefore is covered under FMLA. To find out if you are eligible for FMLA, answer the following:

• Does my company employ more than 50 employees within 70 miles of one another?
• Have I worked here continuously for more than 12 months?
• Have I worked a minimum of 1,250 hours in the past 12 months?

If you answered yes to all of these questions, you are likely to qualify for FMLA. It is also helpful to know that someone in the caregiver role can take FMLA to help a loved one struggling with addiction.

The Health Insurance Portability and Accountability Act, 1996

The Health Insurance Portability and Accountability Act (HIPAA) protects patients from their employers being able to use medical information in a discriminatory way. Substance Use Disorder falls under this protection and must be kept confidential by your medical provider. 

HIPAA also protects you from your employer’s ability to share your medical information with others. 

The Rehabilitation Act, 1973

The Rehabilitation Act offers narrow protections, but depending on your employer, it may still provide some protection. This act ensures that federal agencies or entities receiving federal aid, grants, or contracts cannot terminate an employee pursuing addiction treatment.

Outpatient or Inpatient Rehab?

A big part of the decision-making process when entering rehab is determining which level of treatment best suits one’s needs. Let’s explore the benefits of the different levels of addiction rehab.

Outpatient Rehab

This level of care allows most people to continue with their daily lives with little disruption. The following are just a few of the benefits found with outpatient rehab:

• Flexibility: In most outpatient programs, patients attend treatment programs during the day or evening to maintain a regular schedule.
• Personalized treatment plans: Providers can offer a more tailored plan for the patient.
• Cost: Outpatient rehab is often much lower in price as it does not require room and board or meals.

When deciding on treatment, your ultimate goal is to become sober, and you must find the right level of treatment to be successful.

Inpatient Rehab

For patients with moderate to severe addiction, inpatient rehab may be a better option. You will have access to therapy, psychiatrists, and doctors for the duration of your stay. 

Inpatient rehab may be a more intensive and lengthy process. Still, you are sure to receive support when you are having cravings or medical attention when you are experiencing withdrawal symptoms. An intake assessment during the admissions process can guide which level of care is right for you.

Making a Plan

We now have a solid understanding of the laws that can help protect your job and the levels of treatment available. It is time to make a plan!

Speaking to Your Employer

It may be challenging to discuss your Substance Use Disorder with your employer, but having a plan laid out ahead of time will make the process easier. Here are a few things to consider:

• Schedule a time and place to speak with your employer: this can help ensure a private setting.

• Prepare and practice: Plan what you will communicate to your employer and practice; this will help ensure you are confident and committed to your plan to seek help.

• Be as transparent as possible about seeking help: share that you are struggling with substance use and have sought out a plan to receive professional help.

• Have a plan for your responsibilities: Plan how your projects or work commitments will be handled in your absence.

Your employer may want you to sign a “return to work” agreement if you take a leave of absence. This agreement may require you to:

• Follow treatment recommendations from your provider
• Provide your employer with progress reports
• Attend a 12-step program or support group following treatment
• Submit to regular drug or alcohol testing
• Acknowledge that you may lose your job for poor work performance after completing your treatment.

If you have any concerns or questions throughout this process, a human resources professional can help you understand your rights as an employee.

The Time is Now

Proper research and planning make it possible to go to rehab without losing your job. You deserve the opportunity to re-find yourself, and our team of providers at Moving Mountains Recovery is ready to walk the path to recovery with you. Contact us today to learn more about our specialized intake assessment and get started.