Making the decision to seek treatment for substance use disorder is one of the most courageous steps you can take. But for many people, one question stands in the way: “What will happen to my job?” The good news is that federal laws exist to protect your employment while you focus on recovery. Understanding your rights under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) can help you pursue addiction treatment with confidence and peace of mind.
The Connection Between Employment and Recovery
The effects of addiction on careers can be profound, creating a cycle where fear of job loss prevents people from seeking the help they need. Research from the Substance Abuse and Mental Health Services Administration (SAMHSA) shows that employment concerns are among the top barriers preventing individuals from entering treatment. However, federal protections exist specifically to ensure that seeking treatment doesn’t cost you your livelihood.
What is the Family and Medical Leave Act (FMLA)?
The Family and Medical Leave Act is a federal law that allows eligible employees to take unpaid, job-protected leave for specified family and medical reasons, including treatment for substance use disorders. Enacted in 1993, FMLA recognizes that serious health conditions sometimes require extended time away from work.
Under FMLA, eligible employees can take up to 12 weeks of unpaid leave in a 12-month period while maintaining their health insurance benefits. When you return from FMLA leave, your employer must restore you to your original job or an equivalent position with the same pay, benefits, and working conditions.
Who is Eligible for FMLA?
According to the U.S. Department of Labor, you’re eligible for FMLA if you meet these criteria:
You work for a covered employer, which includes private-sector employers with 50 or more employees, public agencies, and public or private elementary or secondary schools. You’ve worked for your employer for at least 12 months, though these months don’t need to be consecutive. You’ve worked at least 1,250 hours during the 12 months before your leave begins. Your work site has at least 50 employees within 75 miles.
Using FMLA for Addiction Treatment
FMLA leave can be used for inpatient treatment, intensive outpatient programs, partial hospitalization programs, or any treatment program that requires your absence from work. The Department of Labor’s regulations (29 CFR § 825.119) specifically state that treatment for substance abuse qualifies as a serious health condition when it involves inpatient care or continuing treatment by a healthcare provider.
It’s important to note that while FMLA protects your job during treatment, it does not protect you from disciplinary action for substance use that occurred before you took leave. However, once you’ve completed treatment and returned to work, you gain additional protections under the ADA.
What is the Americans with Disabilities Act (ADA)?
The Americans with Disabilities Act, signed into law in 1990, prohibits discrimination against individuals with disabilities in all areas of public life, including employment. Under the ADA, individuals recovering from substance use disorders are considered to have a disability and are protected from discrimination.
ADA Protections for People in Recovery
According to the U.S. Equal Employment Opportunity Commission (EEOC), the ADA protects individuals who have successfully completed (or are currently participating in) a supervised rehabilitation program and are no longer engaging in illegal drug use. This means that once you’re in recovery, your employer cannot discriminate against you based on your history of addiction.
The ADA also requires employers to provide reasonable accommodations to employees with disabilities, including those in recovery from substance use disorders. Reasonable accommodations might include modified work schedules to attend outpatient treatment or support group meetings, temporary reassignment away from high-stress situations, or adjustments to break times.
What the ADA Does Not Protect
It’s crucial to understand that the ADA does not protect individuals who are currently using illegal drugs. The law specifically excludes current illegal drug use from its definition of disability. However, the ADA does protect individuals who are taking medication-assisted treatment under the supervision of a licensed healthcare provider, as confirmed in recent EEOC guidance.
How ADA and FMLA Work Together
While FMLA and ADA are separate laws, they often work together to provide comprehensive protection for individuals seeking addiction treatment. FMLA provides job-protected leave to attend treatment, while the ADA protects you from discrimination upon your return and requires your employer to provide reasonable accommodations to support your recovery.
For example, you might use FMLA leave to complete a 30-day intensive outpatient program, and then upon returning to work, request ADA accommodations such as a modified schedule to attend ongoing therapy or 12-step meetings. This combination of protections creates a framework that supports both treatment and long-term sobriety.
How to Request FMLA Leave for Treatment
Taking the steps to request FMLA leave can feel daunting, but understanding the process can make it more manageable. The Department of Labor provides clear guidelines for requesting leave:
First, notify your employer of your need for leave as soon as possible. While you don’t need to specifically mention FMLA, you should provide enough information for your employer to determine that FMLA may apply. You might say something like, “I need to take medical leave to address a serious health condition.”
Your employer will then provide you with FMLA paperwork, including a certification form that your healthcare provider must complete. This certification verifies that you have a serious health condition requiring leave. The good news is that your treatment provider at a facility like Silver Lining Recovery can complete this certification, confirming that you need treatment and the expected duration.
According to 29 CFR § 825.305, your employer can require certification within 15 calendar days of your request. However, if you’re seeking leave for immediate treatment, your employer should not deny or delay your leave while waiting for certification.
Confidentiality and Your Privacy Rights
One of the biggest concerns people have about requesting leave for addiction treatment is privacy. Will everyone at work know why you’re gone? The answer is that strong federal protections exist to keep your medical information confidential.
Under the Health Insurance Portability and Accountability Act (HIPAA), your healthcare providers cannot disclose your treatment information without your written authorization. When you request FMLA leave, your employer can only ask for the minimum information necessary to determine if your leave qualifies. They cannot ask for your diagnosis or details about your treatment.
The FMLA certification form asks your healthcare provider to indicate that you have a serious health condition and estimate how long you’ll need leave, but it doesn’t require them to disclose that you’re receiving addiction treatment specifically. Your employer must keep any medical information they receive confidential and separate from your personnel file, as required by the ADA (42 U.S.C. § 12112(d)(3)(B)).
Additionally, if you’re concerned about the stigma of addiction affecting how coworkers or supervisors view you, remember that you have the right to keep your diagnosis private. You’re not required to tell anyone at work the specific nature of your health condition.
Returning to Work After Treatment
Completing treatment is a significant accomplishment, and returning to work is an important part of rebuilding your life. Understanding your rights during this transition can help ensure a smooth reentry.
Under FMLA, when you return from leave, your employer must restore you to the same position you held before leave, or to an equivalent position with equivalent pay, benefits, and other terms and conditions of employment. The Department of Labor’s regulations (29 CFR § 825.214) make it clear that equivalent means virtually identical in terms of pay, benefits, and other terms and conditions.
If your employer suggests placing you in a different position or reducing your responsibilities, this may violate FMLA. You have the right to file a complaint with the Department of Labor’s Wage and Hour Division if you believe your employer has interfered with your FMLA rights.
As you transition back to work, you may find that you need accommodations to support your continued recovery. This is where the ADA becomes particularly important. Research published in the Journal of Substance Abuse Treatment has shown that recovery-friendly workplaces significantly improve long-term recovery outcomes.
Reasonable Accommodations Under the ADA
The ADA requires employers to provide reasonable accommodations to qualified individuals with disabilities, including those in recovery from substance use disorders, unless doing so would cause undue hardship to the employer. The EEOC provides guidance on what constitutes reasonable accommodations for individuals in recovery.
Common reasonable accommodations for individuals in recovery might include a modified work schedule to attend ongoing treatment, counseling, or support group meetings, time off for medical appointments related to recovery, reassignment to a vacant position if the current position poses a risk to recovery (such as a position that involves handling alcohol), changes to workplace policies (such as allowing an employee to take medication as prescribed during work hours), or a temporary reduction in job responsibilities during the early stages of recovery.
To request accommodations, you should inform your employer that you need an adjustment or change at work for a reason related to a medical condition. You don’t need to use the term “reasonable accommodation” or mention the ADA. Your employer may ask you to provide documentation from your healthcare provider confirming that you have a disability and need the requested accommodation.
What to Do If Your Rights Are Violated
Unfortunately, not all employers comply with FMLA and ADA requirements. If you believe your rights have been violated, you have several options for recourse.
For FMLA violations, you can file a complaint with the U.S. Department of Labor’s Wage and Hour Division. You have two years from the date of the violation to file a complaint, or three years if the violation was willful. You can also file a private lawsuit against your employer. The Department of Labor provides resources and guidance at www.dol.gov/agencies/whd/fmla.
For ADA violations, you can file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). You generally must file within 180 days of the discriminatory action, though this deadline extends to 300 days if your state has its own anti-discrimination law. You can file online or contact the EEOC at 1-800-669-4000. More information is available at www.eeoc.gov/disability-discrimination.
Many employment attorneys offer free consultations and may work on a contingency basis, meaning you don’t pay unless you win your case. If you’re struggling with addiction and employment issues, consulting with an attorney who specializes in employment law can help you understand your options.
State Laws May Provide Additional Protections
While FMLA and ADA are federal laws that apply nationwide, many states have their own laws that provide additional protections or cover more employees. For example, California’s Family Rights Act (CFRA) and California Fair Employment and Housing Act (FEHA) often provide broader protections than federal law.
In California, the CFRA applies to employers with five or more employees (compared to FMLA’s 50-employee threshold), and FEHA prohibits disability discrimination at companies with five or more employees. These state laws may provide additional avenues for protection if you don’t meet federal eligibility requirements.
Check with your state’s labor department or a local employment attorney to learn about protections available in your area. Many states also have agencies that can help you file complaints if your rights are violated.
Common Questions and Concerns
Many people have questions about how these laws work in practice. One common question is whether you have to tell your employer that you’re going to rehab. The answer is that you need to provide enough information for your employer to determine that FMLA may apply, but you don’t have to disclose your specific diagnosis. You can simply state that you need medical leave for a serious health condition.
Another frequent concern is whether you’ll be paid during treatment. FMLA provides unpaid leave, but you may be able to use accrued paid time off (vacation, sick leave, personal days) to receive pay during your absence. Some employers also offer short-term disability benefits that may apply. Additionally, some states have paid family and medical leave programs that provide wage replacement during FMLA leave.
People often wonder what happens if they need more than 12 weeks of treatment. If your treatment extends beyond 12 weeks, you may need to explore other options, such as requesting additional leave as a reasonable accommodation under the ADA, taking unpaid leave if your employer allows it, or applying for short-term disability benefits if available. The key is to communicate with your employer and explore all available options.
There’s also the question of whether FMLA protects you if you’ve had multiple relapses. Understanding relapse prevention is crucial, but if relapse occurs, FMLA can be used again for treatment, as long as you remain eligible and haven’t exhausted your 12 weeks of leave for the year. However, repeated absences due to relapse may affect your job performance, and employers can take disciplinary action for performance issues, as long as the action isn’t discriminatory.
The Importance of Planning Ahead
If possible, planning for treatment before a crisis occurs can help ensure you understand your rights and have time to navigate the process. Consider reviewing your employee handbook to understand your company’s leave policies, speaking with your human resources department about FMLA eligibility before you need leave, and consulting with an employment attorney if you have concerns about job protection.
Understanding the different types of treatment available can also help you plan for the level of care you need and the corresponding time away from work. For instance, a partial hospitalization program may require several weeks of intensive treatment, while an outpatient program might allow you to continue working while attending treatment in the evenings.
Your Recovery is Worth Protecting
The decision to seek treatment is ultimately about choosing health, healing, and a better future. While navigating employment laws may seem complicated, remember that these protections exist because legislators recognized that addiction is a health condition that deserves the same protections as any other serious illness.
You don’t have to choose between your health and your job. Both FMLA and ADA create a framework that allows you to pursue the treatment you need while maintaining your employment. If you’re struggling with substance use disorder, don’t let fear of job loss prevent you from getting help.
Take the Next Step Toward Recovery
Understanding your legal rights is an important first step, but the most important step is reaching out for help. At Silver Lining Recovery, we understand the concerns you may have about maintaining your employment while seeking treatment. Our team can work with you to develop a treatment plan that fits your needs and circumstances, and we’re experienced in providing the documentation necessary for FMLA leave.
Contact us today to learn more about our treatment programs and how we can support you in taking this courageous step toward recovery. Your health, your career, and your future are all worth fighting for.
References:
- U.S. Department of Labor. (n.d.). Family and Medical Leave Act. Retrieved from https://www.dol.gov/agencies/whd/fmla
- U.S. Equal Employment Opportunity Commission. (n.d.). Disability Discrimination. Retrieved from https://www.eeoc.gov/disability-discrimination
- Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (1990). Retrieved from https://www.ada.gov/
- Code of Federal Regulations, 29 CFR § 825.119 (Substance Abuse)
- Substance Abuse and Mental Health Services Administration. (2021). Key Substance Use and Mental Health Indicators in the United States. Retrieved from https://www.samhsa.gov/
- Code of Federal Regulations, 29 CFR § 825.305 (Certification)
- Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191
