Worried about job security while getting help? Learn your rights under FMLA and ADA. Find out if you can get fired for going to rehab. Rockland Recovery explains.
If you are struggling with addiction, getting help is one of the most important steps you can take for yourself and your future. But one major worry stops many people from reaching outโCan I get fired for going to rehab? This is a valid concern. After all, we all have responsibilities, and losing your job can feel like too big of a risk.
The good news is that there are laws that protect many workers when it comes to seeking treatment for addiction. In this article, weโll help you understand your rights, how laws like the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) apply, and how you can protect your job while getting the help you need.
Does Going to Rehab Mean Iโll Lose My Job?
The simple answer is: not necessarily.ย
Both federal and state laws provide protections for employees who seek treatment for substance use disorders. However, whether you are protected depends on several factors, including the size of your employer and their specific policies, whether you qualify for protections like FMLA or ADA, and whether any job performance issues or violations of company policies occurred before you asked for help.ย
Itโs essential to take action before job-related issues escalate to disciplinary measures or termination. Choosing to enter rehab proactivelyโbefore workplace issues escalateโgives you stronger legal protections.
Understanding FMLA for Rehab
The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for certain medical and family reasons, including addiction treatment.
FMLA Covers:
- Inpatient rehab stays
- Outpatient addiction treatment programs
- Time off for therapy, medical appointments, and recovery needs
Who Qualifies for FMLA?
- You work for a company with 50 or more employees within 75 miles
- Youโve worked for your employer for at least 12 months
- Youโve worked at least 1,250 hours in the past year
If you qualify, your employer is required to hold your job (or a similar position) while you attend rehab. This law protects you from being fired simply for seeking treatment.
ADA and Rehab: Another Layer of Protection
The Americans with Disabilities Act (ADA) is another federal law that can help protect your job if you are struggling with substance use. Under the ADA, a history of substance abuse is considered a protected disability, and actively participating in a treatment program also qualifies for protection. However, the ADA does not offer protection if you are currently using illegal drugs while at work or if your substance use leads to poor job performance. Once you take the step to seek treatment, you are protected from discrimination related to your addiction.
Job Protection During Rehab: What You Need to Know
Itโs important to understand that FMLA rehab for addiction treatment and ADA and rehab protections only apply if you follow the correct process:
- Notify your employer of your need for medical leave.
- Provide any necessary documentation from your healthcare provider.
- Avoid violating workplace policies after returning from treatment.
If you are honest and upfront, your employer cannot legally terminate you for choosing to attend rehab. They also cannot discriminate against you in future promotions, raises, or job responsibilities because you took medical leave related to addiction.
Going to Rehab and Job Security: Common Misunderstandings
There are some myths about job security and rehab that cause confusion. Letโs clear them up:
- โI canโt take time off because Iโll get fired.โ
If you qualify for FMLA, through your employee rights, your employer must hold your job for up to 12 weeks. Rehab is considered a valid medical reason, and termination laws come into effect here. - โMy boss will find out the details of my treatment.โ
No. Under HIPAA privacy laws, your medical informationโincluding rehabโis confidential. Your employer cannot access your treatment records without your written consent. - โIโve already been warned about being late or missing work. Is it too late?โ
FMLA and ADA protections only apply if you seek help before being disciplined or fired for poor job performance.
Steps to Take Before Going to Rehab
You may be thinking about getting help, but are worried about your job. Start by reviewing your companyโs policies on medical leave and substance use. Have a confidential conversation with your HR department about FMLA leaveโyou are not required to share the specific details of your medical condition. Make sure to get documentation from your healthcare provider that confirms your need for medical leave due to treatment.ย
Then, plan your care with a rehab facility that fits your needs, whether that means an inpatient rehab program or a flexible outpatient treatment option. Taking these steps proactively can make the process smoother and help prevent misunderstandings with your employer.
Your Rights Matter: Get Help Without Losing Your Job
Addiction is a serious medical condition, not a moral failure. Federal laws like the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) exist to help protect your job while you take the courageous step to get clean and healthy.
If youโve been asking yourself, โCan I get fired for going to rehab?โโknow that help is available, and your job may be protected. At Rockland Recovery in Braintree, MA, we offer compassionate, evidence-based care that works with your life responsibilities. Whether you need inpatient care or outpatient support, our team will help guide you through both recovery and understanding your rights.
Donโt let fear of losing your job stop you from getting help. Contact Rockland Recovery today to learn how we can support you on your path to recovery, while helping you navigate job protections and medical leave. Call us now or visit our Admissions page to get started.