If you’ve realized that you’re struggling with a substance use disorder, deciding to seek help can be tough. The cost of addiction treatment is a concern for many, and the question “Does FMLA cover addiction treatment?” is often asked. Admitting yourself that you have a problem is a big step, and sharing this with your friends and family can be even harder. You might worry that they will see you differently or judge you. Even though experts classify substance use disorder as a disease, it still carries a heavy stigma.
You might also be concerned about how taking time off from your life to go to an addiction treatment center will affect your job. It’s natural to wonder if you could lose your job. Here’s some important information that can help ease your concerns.
The Family and Medical Leave Act of 1993, often called FMLA, is a law that can protect your job in many cases. Before you decide about your career and rehab, it’s crucial to understand your legal rights and what your employer can and cannot do regarding drug and alcohol use.
What is FMLA?
The Family and Medical Leave Act of 1993 was created to let people take temporary medical or family-related leave without worrying about losing their jobs. It’s designed to help parents participate in raising their children, care for a seriously ill spouse, child, or parent, or take leave for their own severe health conditions without fearing job loss.
Here are some key things to know about FMLA:
- You can get up to 12 work weeks of unpaid leave in one year, and your health benefits must continue during this time.
- When you return, your employer must give you your job back or an equivalent job with the same pay and benefits.
- FMLA covers various situations, including:
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- The birth and care of a newborn during the first year of life.
- Caring for a child adopted or placed into foster care within the first year of placement.
- Taking care of a parent, spouse, or child with a serious health condition.
- When you have a severe health condition that prevents you from doing your job.
- Certain situations related to active military duty of a spouse, parent, or child.
Does FMLA Cover Addiction Treatment?
Yes, FMLA can cover drug rehab, but there are specific requirements. Substance use disorder is considered a serious health condition eligible for FMLA if you meet certain inpatient treatment and continuing care criteria.
You can use FMLA leave for the following reasons related to substance use disorder:
- Getting treatment for drug or alcohol addiction.
- Receiving treatment for a related illness or condition.
- Taking care of a close family member who is undergoing treatment for drug or alcohol abuse or related conditions.
It’s important to note that FMLA leave can only be used for legitimate treatment provided by a healthcare provider or with a provider’s referral. You can’t use this leave because you’re high or hungover; it’s meant for getting the proper help you need to recover.
FMLA also safeguards your job status. Your employer can’t punish or retaliate against you for requesting or using leave for yourself or to care for a close family member in rehab.
Does FMLA Apply to Every Employee?
FMLA doesn’t apply to all private employers. Your eligibility for FMLA at a private company depends on several factors, including how many employees they have and how long you’ve worked for them. If your employer has 50 or more employees, you’ve been there for at least a year, and you’ve worked 1250 hours or more in the last 12 months, then you are eligible for FMLA. There are a few more conditions related to the “50 or more” guideline that you can find on the U.S. Department of Labor website.
Can An Employer Deny FMLA for Drug Rehab?
Some industries, like federal contractors, grantees, and safety and security-sensitive fields, are required to maintain drug-free workplaces. (FAA, NRC, etc) Many state and local positions, including first responders, must also stay drug-free and may undergo drug testing.
Most other employers are not required to have a drug-free workplace, but many choose to do so. Private companies can create policies regarding drug use, but they cannot deny your request for FMLA for drug rehab.
While you can take FMLA for drug rehab, your employer’s specific policies may come into play. If you work for a drug-free employer, the law may prevent them from demoting, refusing promotion, or firing you solely because you’re using FMLA. However, they can end your employment if you violate their drug policy.
So, your employer must allow you to take FMLA for drug rehab, but they don’t have to let you continue working for them afterward. That doesn’t necessarily mean they will fire you; many companies would rather see you get the help you need to recover and stay employed.
If you suspect you have a problem, it’s crucial that you approach your employer instead of waiting for a random drug test or a coworker to raise concerns. Your employer has the right to terminate your employment for violating policies related to drug and alcohol use, and FMLA may no longer be a suitable option.
The fear of losing your job can be scary, but drug abuse could have even more serious consequences for your health and well-being. As difficult as it may be to talk to your employer about it, getting the necessary treatment is essential. Your health, safety, and life are at stake.
If you have questions about whether you’re eligible for FMLA, don’t hesitate to contact one of our care coordinators at 256-202-6770. We’re here to help you find answers and support you on your journey to recovery.