How to Leave Work for Rehab Without Losing Your Job

If you are struggling with drugs or alcohol and have decided that it’s time for rehab, you’re likely worried about how to attend rehab without losing your job. You’re not alone. Many people struggle with this problem, which is one of the reasons that the vast majority of people who have an addiction do not seek treatment.

However, certain laws and employer policies may allow you to attend rehab without the risk of losing your job.  You’ll have to follow several steps to determine what your options are.

Have a Treatment Plan in Place

First, you should have a treatment plan in place. To do so, you should contact the rehab facility you’ve chosen to get an assessment. Their mental health professionals can evaluate your situation, the severity of your addiction, and your mental health to design a personalized treatment plan for you. They may recommend a short-term medically supervised inpatient detox program or a 30, 60, or 90 day inpatient rehab program. Often, the plan will include outpatient treatment after your inpatient stay.

By getting this assessment and plan, you’ll know how much time off from work that you actually need.

Check for FMLA Eligibility

The Family Medical and Leave Act (FMLA) allows up to 12 weeks of unpaid medical leave for treatment of a health condition recommended and provided by licensed treatment professionals. Addiction, clinically known as a substance use disorder (SUD), is a mental health disorder and is a condition covered under the act. You have to submit an application to your employer to request this leave. You do not have to disclose that your condition is a substance use disorder.

To be eligible:

• Your employer must have 50 or more employees
• You must have worked there for at least one year
• You must have worked at least 1250 hours during the past year

Some states have different eligibility requirements, so you’ll need to check with your employer about their policies.

You cannot be fired for taking this leave, but you can be fired for using substances at work, or if your substance use is affecting your ability to do your job.

Check Employer Policies

Check your employer’s specific policies about taking leave of any kind. If you have vacation or personal time saved up, check to see if you are allowed to take it all at once. That’s the ideal situation, since that type of time off is usually paid.

Some employers have programs to specifically address mental health and substance use disorders. They may have certain support options or policies regarding seeking treatment.

Meet with Your Manager

You’ll need to meet with your manager or the appropriate human resources person to discuss your leave. You can choose what to disclose to them or to not disclose. You are protected under the Health Insurance Portability and Accountability Act (HIPAA), so the health professionals that you are working with cannot disclose your health information to your employer. It’s up to you to determine who has that information.

Depending on your employer’s policies and the type of leave you’re taking, you may have to provide a certain amount of notice to take the leave.

Be sure that any leave that you and your employer agree on is documented in writing.

Know Your Rights Under the ADA

Under the Americans with Disabilities Act (ADA), you cannot be discriminated against for having a substance use disorder. However, you are NOT protected if you are currently using illicit substances.

You cannot be fired for having an SUD or for being in recovery, and your employee must provide reasonable accommodations for you including leave or flexible hours so that you can attend treatment.

Outpatient Treatment as an Alternative

If you are not eligible for leave and your employer will not make accommodations for you to attend an inpatient rehab, outpatient treatment may be an alternative so that you can still go to work.

Typically, you’ll have two outpatient treatment options.

• Partial Hospitalization Program (PHP): A PHP involves intensive outpatient therapy, both individually and in groups, for four to eight hours per day, usually five days per week. You can live at home during this treatment. Some facilities provide multiple daily sessions so that you can choose times that work for you and your work schedule.
• Intensive Outpatient Program (IOP): An IOP also involves intensive therapy, but is generally held for two to three hours per day several days per week. Again, sessions may be held at multiple times during the day, including evenings, so that you can work it into your schedule.

Prioritize Your Recovery

The most important thing to remember is that recovery should be your first priority. You may think you need to keep your job to take care of your family, but you can’t effectively take care of your family until you take care of yourself. If you have a severe addiction and have been advised that you need inpatient rehab, you should do everything in your power to make it happen. When you’re sober, you’ll be more equipped to rebuild your life into something better. You can be a better caregiver, a better employee, and healthier person.

In Closing

You have several options when it comes to attending rehab without losing your job, including legal protection. Check your FMLA eligibility and read your employer’s policies thoroughly. Getting treatment for your addiction is critical and will change your life for the better.

Bridges of Hope can assess you and recommend a treatment plan. We offer multiple treatment options and are dedicated to helping you get on the path to recovery with personalized, compassionate care. Give us a call today to learn more.