Making the decision to go to treatment for your drug or alcohol dependence is an important first step towards living a healthier life. It is a difficult decision and there are typically some common barriers that prevent people from seeking the treatment they desperately need and deserve. One of these barriers is the fear of losing one’s job while taking time off for rehab. “Will I lose my job if I go to rehab? What will my boss and my coworkers think?” These are common questions people have when considering taking time off to go to rehab, but they should not prevent you from seeking professional help for your addiction.
One of the biggest barriers to receiving treatment is the fear that you may be fired from your job. This is a common concern that many individuals face when deciding whether or not to go to rehab for a drug or alcohol addiction. If your job performance has declined because of substance abuse, your employer does have the right to fire you if they can prove that your performance has been affected. They also have the right to drug test you and fire you for drug use. However, your employer cannot fire you for taking time off to seek treatment. If you decide to enter treatment, the Americans with Disabilities Act and the Family and Medical Leave Act can protect you from being fired.
The Americans with Disabilities Act
The Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities. The ADA includes individuals who struggle with substance abuse. The ADA does not protect individuals who are actively using drugs from being fired. Instead, it will only protect you if you are in a treatment program actively working for sobriety. Under the ADA, if you decide to go to treatment, your employer is required to make reasonable accommodations. This could mean changing your work schedule so you can attend 12-step meetings or an outpatient treatment group.
The Family and Medical Leave Act: FMLA and Addiction
The Family and Medical Leave Act (FMLA) can also protect you from losing your job while you are in treatment. FMLA allows eligible employees to take an unpaid leave of absence for up to 12 weeks within a 12-month period. If you enter an inpatient rehab program, then FMLA will protect you from being fired from your job while you’re in treatment due to substance abuse being considered a “serious health condition.” When you return to work, you are guaranteed a position with the same salary and benefits that you had before you took the leave. Absences from work because of an employee’s use of a substance, rather than for treatment, do not qualify for FMLA leave.
Reclaim Your Life
The longer you delay treatment, the more you should be prepared to lose. Addiction is a chronic, progressive, and fatal disease if left untreated. Due to the progressive nature of the disease of addiction, it only gets worse over time without treatment, never better. While you may fear what you will miss out on while in treatment, remember, as your addiction continues to progress, you are putting your job more and more at risk. Even if you are not using or drinking at work, addiction takes a heavy toll on work performance. Going to treatment may be the only way to save your job and more importantly, your life.
Addiction is a recognized disease that is disabling, serious, and progressive. Like other chronic illnesses, such as diabetes, once a person develops the disease of addiction, treatment and management are necessary so that health can be restored. Fortunately, there are laws in place that provide job security for those who make the decision to go to addiction treatment. Going to treatment is a life-changing decision. Although it can be scary, it is a decision that can alter your life for the better. Addiction is a treatable disease and can be effectively managed with the appropriate treatment and support. If you or a loved one is struggling with addiction and do not know where to turn, reach out to Transformations today at 800-270-4315. We are committed to helping you or your loved one heal and recover from the disease of addiction. For more information on FMLA and addiction, call us today.
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