Getting professional help for an addiction to alcohol or another drug can put you on the path toward a much more hopeful and satisfying future. But it’s understandable to worry about the potential short-term impact of this decision. One common concern is, can you get fired for going to rehab?
Can You Get Fired for Going to Rehab?
Ideally, “Can you get fired for going to rehab?” would be a simple yes-or-no question – the answer would always be “no.”
Unfortunately, it’s a bit more complicated than that. But the good news is that people who need to temporarily step away from their jobs to get help for a substance use disorder (addiction) have some legal protections.
Company policies and state laws can vary from one location to the next, so it’s definitely a good idea to explore those areas if you are concerned about your employment status if you get treatment for an addiction.
From a national perspective, the two most relevant pieces of legislation are the Family and Medical Leave Act (FMLA) and the Americans With Disabilities Act (ADA).
Family and Medical Leave Act (FMLA)
Signed into law in 1993, the Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid leave per year for several health-related reasons, including caring for a loved one or getting treatment for a serious condition that prevents them from working.
The U.S. Department of Labor has confirmed that the FMLA covers employees who need to take time away from work for addiction treatment.
Employers that are subject to FMLA regulations include:
- Public agencies, including school districts and departments of local, state, and federal government.
- Private companies that have employed 50 or more people for at least 20 weeks in the current or previous calendar year.
Employees are covered by the FMLA if they meet the following criteria:
- Have worked for a covered employer for at least 12 months
- Worked at least 1,250 hours in the previous 12 months
- Work at or within 75 miles of a location where their employer has 50 or more employees
Americans With Disabilities Act (ADA)
The Americans With Disabilities Act (ADA), which became federal law in 1990, protects disabled people from being discriminated against in several key areas of life, including employment and access to government services, transportation, and businesses that are open to the public.
From an employment perspective, the ADA prohibits employers from firing, denying promotions, or refusing to hire people on the basis of their disability, as long as they can fulfill the requirements of the job with reasonable accommodations.
As established by the U.S. Commission on Civil Rights (USCCR), the ADA’s protections apply to individuals “who are currently participating in a rehabilitation program and are no longer engaging in the illegal use of drugs.”
How to Talk to Your Employer About Rehab
Talking to other people about your choice to enter rehab is rarely easy. When the person you’re talking to is your supervisor or employer, the difficulty may only be magnified. Before you have this conversation, here are a few points to consider:
- If you are a member of a union, talk to your representative to determine if your collective bargaining agreement includes protections for members who are going to rehab.
- You may also want to consult with a lawyer, so that you are fully aware of your rights as well as any legal steps you need to take when applying for time away from work to attend rehab.
- It is important to be honest with your employer about why you need to temporarily step away from your job. But the amount and specificity of the information you share with them is up to you.
- Don’t delay the conversation. If you are applying for FMLA leave, you are required to notify your employer “as soon as it is possible and practical to do so.”
Also, even if your job is waiting for you when you return from rehab, understand that your experience at work may still be affected. For example, it will take a bit of time to readjust after your time in treatment. And things in your workplace may have changed while you were away. Don’t panic if you experience a few short-term challenges.
Benefits of Going to Rehab
Determining whether or not you can get fired for going to rehab is of course an important concern that can affect your career development, financial status, and overall quality of life. And the sad truth of the matter is that there are some work-related risks associated with entering an addiction treatment program.
But it’s also important to consider the many benefits of making the courageous decision to get help. For example:
- Compulsive substance use can have a devastating impact on your physical and mental health. Entering rehab can reduce your risk of further harm, and can allow you to begin healing from any damage that you’ve already incurred.
- When your body and mind are free of addictive substances, you will be able to be fully present in all aspects of your life, which can help you function more efficiently and effectively at work.
- Therapy can help you identify and address challenges such as maladaptive thought patterns, self-defeating behaviors, and unhealthy beliefs about yourself and the world around you.
In short, your job is important, but your health is essential. Hopefully, going to rehab won’t cause problems for you at work. But even if it does, a temporary career setback is a small price to pay for the opportunity to live a healthier and more hopeful life in recovery.
Learn More About Your Rehab Options in Atlanta
Valor Behavioral Health offers personalized services for adults and adolescents whose lives have been disrupted by addiction and/or mental illness.
Our rehab near Atlanta, GA, is a safe and highly supportive place where patients can receive age-appropriate care at the partial hospitalization, intensive outpatient, and outpatient levels.
At each level of care, you can expect to work in close collaboration with a team of highly skilled and compassionate professionals. We will take the time to get to know you as a unique and valuable individual, so that we can be sure we’re providing the focused care that best aligns with your specific needs, goals, and preferences.
To learn more about how we can help you or a loved one, or to schedule a free consultation, please visit our Admissions page or call us today.
