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How To Go To Rehab And Keep Your Job

Most workers with substance use disorders have legal protections that guarantee their right to seek addiction treatment without fear of termination, or of being denied promotions or other employment in the future. If they admit they have a problem and ask for time off to get help, their employers are required by federal law to comply with their request, and when their inpatient rehab programs are over they should be free to return to work with no fear of negative consequences.

 

Will I Lose My Job If I Go to Rehab?

Substance addiction is a medical illness and as such affords you protection under two key pieces of federal legislation:

The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodation for employees with disabilities, including time off for treatment. This means that you cannot be fired or reprimanded for going to residential addiction treatment. In fact, your employment is protected as soon as you tell Human Resources that you need treatment; even if your employer needs to hire a replacement for your current job while you are away, you are guaranteed a position within the company at the same rate of pay upon your return.

The Family Medical Leave Act (FMLA) provides up to 12 weeks of unpaid, job-protected leave for eligible employees with certain medical needs, including substance addiction treatment.

It’s important to remember that your job performance may be suffering more than you realize because of your addiction. While the ADA protects you from being fired or disciplined for seeking treatment for your condition and the FMLA protects your job for up to 12 weeks during treatment, these regulations do not protect you from being fired or disciplined for performance or conduct-related reasons. As such, impairments caused by your addiction may compromise your job. Treatment, however, does not, which is why it is imperative that you get the help you need before your addiction interferes with your ability to perform professionally.

How Do I Get Time Off to Go to Rehab?

Once you have decided that you want to go to residential addiction treatment, tell Human Resources (HR) that you will need to take medical leave as soon as possible. Depending on the specific structure of your organization, your leave may be arranged directly through HR or through your employment-based disability insurer, and the organizing party can explain the next steps to you. Typically, a letter from your physician stating that you will need time off for medical purposes will suffice. This letter does not necessarily have to include details that specify addiction as the medical need. In some cases, supporting documentation may be requested, particularly if your leave is being covered by employer-provided disability insurance.

Many alcoholics and drug addicts struggle to break through the walls of denial they set up to protect themselves from reality. But once they’re finally ready to admit they have a problem, they may still be reluctant to ask for help because they fear it will cost them their jobs.

This concern is understandable, but largely misguided. There are legal protections in place that give workers the right to seek any kind of medical treatment if it is vital and necessary, and that includes treatment for substance use disorders.

No one should be fired if they ask for time off to attend rehab, nor should they have to worry about their future employment prospects if their time in treatment becomes a part of their permanent record.

The law covers residential drug addiction rehab programs as well as intensive outpatient plans, so workers with substance abuse issues can get the comprehensive treatment they need to guarantee a safe and sustainable recovery.

 

The Impact of Substance Abuse in the Workplace

Drug and alcohol abuse in the workplace is not an insignificant problem.

 

Studies show that more than 70 percent of men and women suffering from a substance use disorder are employed full-time or part-time, a number that is virtually identical to the percentage of people without substance abuse issues who have jobs. Overall there are about 15 million American adults who remain employed despite their chemical dependency, and the economic impact of their drug and alcohol use on their work performance is enormous.

 

According to the National Council on Alcoholism and Drug Dependence (NCAAD), substance abuse costs the American economy more than $80 billion each year in lost productivity. Drug and alcohol abuse by employees leads to increased absenteeism and tardiness, more sick days, more workplace accidents, distracting interpersonal conflicts, a higher volume of employee turnover and associated training costs, and decreases in productivity from co-workers asked to compensate for the performance failures of addicts.

 

Clearly, the economic interests of individual businesses are well served when workers with substance use disorders enter drug and alcohol treatment programs. But in any given year, only 10 percent of people suffering from chemical dependency will be treated by addiction specialists working for licensed treatment facilities.

 

Too many working men and women remain unaware of the legal protections that give them the right to seek addiction treatment without fear of job loss, and ultimately employers and employees both suffer the consequences of this lack of knowledge.

 

Legal Rights of Workers with Substance Use Disorders

Employers have a right to establish policies prohibiting employees from working while under the influence of drugs or alcohol. If someone is caught in the act of using an intoxicant in the workplace, or fails a drug test, they can be dismissed at that time. Also, employers can terminate employees at any time for inadequate performance, regardless of the extenuating circumstances.

 

However, these are the only situations where someone’s history of drug or alcohol use can automatically be used against them. Employees enjoy legal protections that prevent them from being dismissed for past drug or alcohol use, or if they admit they have a substance abuse issue and proclaim their intention to seek treatment. And if they do decide to seek treatment, they must be granted time off and their jobs must be held for them until they return from rehab.

 

These protections are granted under two legal statutes passed by Congress and signed into law at the executive level: the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA).

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