One of the biggest concerns for individuals struggling with addiction is whether seeking treatment could jeopardize their job, leaving them wondering -can you get fired for going to rehab? The fear of losing employment often prevents people from getting the help they need, even when addiction is severely impacting their health, relationships, and work performance. But can you get fired for going to rehab? The answer depends on several factors, including workplace policies, federal laws, and how you approach the situation.
No one should choose between their job and health at Woodmont Treatment Center in New Jersey. This article’ll discuss your rights, legal protections, and best practices for taking time off work for rehab without risking your employment.
Understanding Your Rights Under Federal Law
Several federal laws provide job protection for individuals seeking addiction treatment. While these laws do not guarantee absolute job security, they offer significant protections to help you seek the care you need.
The Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) prohibits employers from discriminating against employees with disabilities, including substance use disorders (SUDs), as long as they are actively seeking treatment. However, the ADA does not protect employees who are currently using illegal drugs. If you voluntarily enter rehab, your employer cannot legally fire you solely because of your past addiction.
The Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for medical conditions, including substance abuse treatment. To qualify for FMLA leave, you must:
- Work for a company with 50 or more employees within a 75-mile radius
- Have been employed for at least 12 months
- Have worked at least 1,250 hours in the past year
FMLA leave ensures you can attend rehab without fear of losing your job. However, this law does not protect if your employer has a valid reason for termination, such as poor job performance unrelated to your treatment.
Can You Get Fired for Going to Rehab?
When You Are Protected:
- If you request FMLA leave for rehab and meet the eligibility requirements, your employer must grant you unpaid leave and allow you to return to your job after treatment.
- If you voluntarily seek treatment and are not using substances while at work, your employer cannot legally fire you for having a substance use disorder.
- If your company has an Employee Assistance Program (EAP) that offers addiction treatment support, you may have additional protections through internal policies.
When You Are Not Protected:
- If your employer has a zero-tolerance policy and you test positive for drugs or alcohol on the job, they may have the right to terminate your employment.
- If you have a history of poor work performance, excessive absences, or workplace misconduct, your employer may cite these reasons for termination—even if you seek treatment.
- If you fail to follow company policies for requesting leave or informing HR about your need for rehab, you could be at risk for termination.
How to Approach Your Employer About Rehab
If you need to go to rehab but are concerned about job security, there are ways to minimize risk and protect your position.
1. Know Your Company’s Policies
Review your company’s employee handbook or speak with HR to understand the organization’s policies on medical leave and substance use disorders. Some employers offer confidential support programs to assist employees with addiction treatment, including inpatient rehab.
2. Use FMLA Leave if Eligible
If you qualify for FMLA leave, formally request time off for medical treatment. You are not required to disclose specific details about your condition—only that you need leave for a serious health condition.
3. Communicate Professionally and Proactively
Rather than waiting until addiction negatively impacts your job, be proactive about seeking treatment. A well-planned conversation with your employer can help ensure support and a smoother transition back to work after rehab.
4. Consider Seeking Legal Advice
If you believe your employer is unfairly discriminating against you for seeking treatment, consult with an employment attorney or your state’s labor department to understand your rights.
Returning to Work After Rehab
Once you complete inpatient rehab, transitioning back to the workplace can feel overwhelming. Here are some tips for a smooth return:
- Follow your aftercare plan: Continue therapy, support groups, or outpatient treatment to maintain sobriety and manage work-related stress.
- Communicate with HR: Discuss potential workplace accommodations, such as a modified schedule or reduced workload.
- Maintain professionalism: Demonstrate your commitment to your job by arriving on time, meeting deadlines, and staying focused.
- To navigate challenges, lean on your support system: Stay connected with counselors, sponsors, or workplace support groups.
Seeking Help Should Never Cost You Your Job
If you or a loved one is struggling with addiction, know that seeking treatment is a sign of strength, not weakness. The law provides protections that allow employees to prioritize their health without automatically losing their jobs.
At Woodmont Treatment Center, we understand the fears surrounding job security and rehab. Our experienced team can help you navigate the process, verify your insurance coverage, and assist with any documentation for FMLA or employer communication.
Take Control of Your Future Today
Don’t let fear of job loss prevent you from getting help. If addiction is interfering with your personal and professional life, Woodmont Treatment Center in New Jersey is here to support you.
Contact us today to learn more about our inpatient rehab programs and how we can help you take the first step toward lasting recovery. Your health, your future, and your job matter—let us help you reclaim them.
