If you or someone you know is in crisis right now: call or text 988 (Suicide & Crisis Lifeline). For a possible overdose or any medical emergency, call 911. For help finding treatment, the SAMHSA National Helpline is free and open 24/7 at 1-800-662-4357.
The short answer
Often, yes. The federal Family and Medical Leave Act (FMLA) can protect your job for up to 12 weeks of unpaid leave if you need treatment for a substance use disorder, as long as you and your employer meet certain requirements. It does not protect you from consequences of substance use at work, and it does not pay your wages.
What FMLA provides
- Up to 12 weeks of unpaid, job-protected leave in a 12-month period
- Continued group health benefits during the leave, on the same terms as if you were working
- The right to return to the same or an equivalent job
You can use leave for your own treatment or to care for a family member receiving treatment. (This information is general, not legal advice.)
Are you eligible?
You generally need to meet all of these:
- You have worked for your employer for at least 12 months and for at least 1,250 hours in the 12 months before the leave starts. iowa
- You work for a covered employer, generally a private employer with 50 or more employees, a public agency or a school.
- Your condition is a serious health condition, which includes inpatient care or continuing treatment by a health care provider.
Does addiction treatment count?
It can. Substance abuse may be a serious health condition if the usual conditions are met, but leave may only be taken for treatment by a health care provider or on referral by one. That means: amlegal
- Treatment is protected (inpatient, intensive outpatient or ongoing outpatient care).
- Absences caused by use itself are not protected, and your employer can generally apply its normal policies for performance and conduct.
Leave can also be taken intermittently, such as for outpatient appointments, when medically necessary.
Does FMLA pay you?
No. FMLA leave protects your job but is unpaid. You may be able to use accrued paid time off or sick leave, short-term disability or paid leave through your state. Ask HR which options apply to you. landmarkrecovery
How to request leave
- Talk to HR or your manager as soon as you can. Say you need leave for a serious health condition. You generally do not need to give a detailed diagnosis in the request. sobanewjersey
- Ask for the forms. Employers may provide the Department of Labor certification form WH-380-E or an equivalent. sobanewjersey
- Ask your treatment provider to complete the medical certification.
- Return the forms on time, and ask for written confirmation of approval.
- Plan your health coverage and bills while you are away.
- Keep copies of everything.
If you need leave quickly, tell your employer what you can and ask your treatment program whether it can help with the paperwork.
What about other protections?
- The Americans with Disabilities Act (ADA) can protect people who are in treatment or recovery from discrimination, and may require reasonable accommodations, such as schedule changes for treatment. It generally does not protect current illegal drug use. An employment attorney or the EEOC can explain how it applies.
- State laws may give additional protections or paid leave. Check your state labor department.
- Employee assistance programs (EAPs) can offer confidential support and help you navigate leave.
Confidentiality at work
Your medical information should be handled confidentially, shared only with those who need to know. Ask HR how information is stored. If you are worried about how your employer may react, talk to your treatment provider or an employment attorney first.
If you are not eligible
- Ask about other leave: vacation, sick days or unpaid leave your employer may allow.
- Consider outpatient or evening programs that fit your schedule. (See [PHP vs IOP: Partial Hospitalization and Intensive Outpatient Compared].)
- Ask the program about flexible schedules.
- Call the U.S. Department of Labor’s Wage and Hour Division (1-866-487-9243) for questions about your rights.
If you are a family member
You may be able to use FMLA to care for a spouse, child or parent receiving treatment, if you meet the requirements.
Frequently asked questions
Can I take FMLA leave for rehab?
Often yes, if you are eligible and the treatment qualifies as a serious health condition.
Is FMLA leave paid?
No. It is unpaid, though you may be able to use paid time off, disability benefits or state programs.
Can my employer fire me for going to rehab?
FMLA protects your job during qualifying leave, but your employer may still enforce its normal policies on conduct and performance. Talk to an employment attorney if you are worried.
Do I have to tell my employer I’m going to rehab?
You generally need to tell your employer you need leave for a serious health condition. You do not necessarily have to share every detail.
Can I take intermittent leave for outpatient care?
Yes, when medically necessary.
Does FMLA apply to small employers?
Generally only employers with 50 or more employees, public agencies and schools. Other rules may apply in your state.
Sources
- U.S. Department of Labor, Wage and Hour Division. Family and Medical Leave Act. dol.gov
- 29 CFR § 825.119. Leave for treatment of substance abuse.
- U.S. Equal Employment Opportunity Commission. The ADA and Illegal Use of Drugs. eeoc.gov
This article is for general information only and is not legal advice. Employment laws change and differ by state, so confirm your rights with a qualified professional.