Can You Lose Your Job for Going to Rehab?

Employers evaluate employees based on work performance and behavior on the job. But your boss doesn’t always know why your job performance improves or declines. There are some jobs, like driving or piloting, where you may face regular drug and alcohol tests. In an office job, you could go your whole career and never see a drug test.

If you know you have a substance abuse issue that is affecting your job, you probably want treatment. Your company's health insurance may even cover inpatient treatment programs. But that means taking time off work and telling your employer about your struggles.

Your next concern is whether you might lose your job for admitting you have a drug or alcohol problem or asking for time off for rehab. If you handle it right, you are job-protected when you seek rehabilitation.

Federal Laws and Substance Abuse

The Americans with Disabilities Act (ADA) protects those with disabilities in the workplace. The ADA covers substance use disorder if any of the following are true:

• The person currently or formerly abused alcohol
• The person formerly engaged in the illegal use of a legal narcotic
• The person formerly engaged in the use of any illegal substance

In other words, the ADA protects you if you used opiates or other drugs in the past or you are currently in recovery. Addiction by itself is not a protected medical condition.

The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that prevents employers from using your medical or health insurance information in hiring or firing decisions. Your employer cannot share your medical information with other employers. If you decide to enter substance abuse treatment, your employer can’t share that fact with anyone else.

The Rehabilitation Act of 1973 prevents government agencies and companies that receive federal funding from firing workers who seek addiction treatment. However, the Act doesn't apply to positions where substance abuse could affect the employee’s performance or safety.

Employee Rights

The ADA and Rehabilitation Act protections do not cover employees who are using illegal drugs. Your employer can only test for illegal drug use under certain circumstances. Most states prohibit pre-employment drug testing until after you receive a conditional offer of employment.

After hiring, your employer can test you:

• Once in any 12-month period as part of an annual random drug test. Some states do not allow random drug testing at all.
• Employers can test employees after an accident if they believe drugs or alcohol contributed to the accident.
• If there is “reasonable suspicion” an employee is under the influence. Reasonable suspicion includes signs of impairment like slurred speech, lack of coordination, or a smell of alcohol.

Employers must obtain written consent before any company drug testing.

If your employer discovers your addiction through a random drug test or after an accident, you can’t claim protections under federal or state laws. If you know you have a drug or alcohol problem and it is affecting your job, it's best to take the initiative and request rehab yourself.

The Family and Medical Leave Act

The Family and Medical Leave Act (FMLA) allows qualified employees to take up to twelve weeks of unpaid leave to address the employee’s health-related issues. You can take FMLA leave instead of or in addition to any paid leave you have from your employer.

You qualify for FMLA leave if you have worked at least 1250 hours in the previous twelve months. You do not have to take all your leave at once. If you want to take your leave in increments, you can do so.

Insurance Coverage

Most employer-provided health insurance offers 28 days of inpatient rehab for mental health or substance abuse treatment. You may need to coordinate this type of rehab with your human resources department since inpatient treatment means time off work.

HIPAA prevents your employer from learning the details of inpatient treatment, but they will know you’ve been away from work.

Your health insurance provider may limit the number and nature of rehab facilities. Your primary care physician may need to refer you to a treatment center. Review your insurance policy before seeking a treatment plan through your insurance company.

How to Request Leave for Rehab

The hardest part about taking a leave of absence for drug or alcohol rehab is telling people you need it. Besides worrying about losing your job, you’re also worried about what others will think. Fortunately, people today are more understanding about the need for mental health and addiction treatment, but that doesn’t make it any easier.

Larger companies may have employee assistance programs (EAPS). These programs offer employees help with many personal and job-related issues, including health, financial, and legal issues. If your company has an EAP, it may help you find a treatment facility and present your leave request to your employer.

Treatment Options

A good way to soften your request for leave is by having a range of treatment options available. Not all substance abuse programs are inpatient residential treatment plans. If your employer is reluctant to give you a month off work, or you can’t afford unpaid leave, there are other alternatives you can consider.

The main types of treatment for substance issues include:

• Inpatient rehab: These programs have you stay in a hospital or other facility for three to four weeks. If you’re severely addicted and know you will need help while you detox from your substance, you’ll need this type of help. Serious addictions like opiate addiction and long-term alcoholism require a medical detox.
• Outpatient rehab: In outpatient treatment, you go to treatment during the day or part of the day and then return home at night. An outpatient program is less expensive, but not all health plans cover them. An outpatient program might allow you to work remotely since you could complete work in the evenings if your employer agreed.
• Support groups: Federal and state laws protect you even after you have stopped using drugs and alcohol. Although a support group meeting is not a “reasonable accommodation,” like temporary leave for treatment, you can work with your employer to adjust your schedule as part of your addiction recovery.

Remember, the law treats alcohol and drug addiction as temporary disabilities. Your employer must make reasonable accommodations for your treatment and recovery. Your job is to provide suggestions for your boss to consider.

Get Legal Advice from an Employment Attorney

Drug and alcohol addiction are serious health conditions that affect your work and your life. The law protects your right to treatment if you seek treatment before your addiction impacts your job. Speak to an employment law attorney if you have questions about your legal rights to request medical leave to attend rehab programs and protect your job.