Drug and alcohol addiction can harm a person’s mental and physical health. It can strain relationships, threaten people’s safety, and limit their opportunities. Living with addiction puts people at risk of both short and long-term health complications. 

With all the damage an addiction can do, fewer than one in ten people get the treatment they need to recover. There are many reasons people give for not seeking the treatment they need. Worrying about losing their job is one of the most common reasons. 

Surveys show that the majority (about 70%) of people living with addiction are employed. This may surprise people who imagine all those living with addiction to be at “rock bottom.” The truth is that many people struggling with addiction are also working and may be afraid of losing their job.

Several federal laws protect people’s employment while attending rehab. Understanding these rules can help you navigate recovery with more confidence. 

This article will explore the laws allowing you to keep your job during rehab. You will learn:

  • What laws protect your employment during rehab
  • What types of treatment are available
  • The steps you should take to keep your job while getting addiction treatment
  • Where to find comprehensive addiction treatment

If you or someone you love needs substance abuse treatment, you are not alone. Contact the intake team at The Healthier Choice Recovery to learn about our programs or to schedule an intake appointment. 

Can I Keep My Job During Rehab?

Substance abuse and addiction can damage every aspect of your life, including your ability to work. People may hesitate to seek treatment because they are afraid of losing their job. However, addiction can quickly spiral into a life-threatening condition. The longer you wait to treat it, the more severe the problems can become.

Each person has a unique experience with addiction recovery. People have different needs throughout detox and treatment. There are several types of treatment available in several levels of care. You may attend:

  • A medical detox program
  • Residential or inpatient rehab programs
  • Partial hospitalization programs (PHP)
  • Intensive outpatient programs (IOP) 
  • Outpatient rehab programs

The programs and level of care you require depend on the severity of your addiction, mental health conditions, and other factors. A medical professional or addiction specialist will assess your needs to determine if you need full-time treatment or outpatient care. 

No matter what type of treatment you require, there are legal protections that will allow you to keep your job while attending treatment. 

What Laws Protect My Job During Rehab?

Several federal laws protect your employment while you attend rehab. Here is an overview of these laws. 

The Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) protects employment for up to 12 weeks while you receive treatment for a mental health or medical condition, including addiction. 


You must meet specific criteria to qualify for a leave under FMLA, including:

  • Your company must have at least 50 employees.
  • You must have worked for the company for at least 12 consecutive months and at least 1250 hours before requesting a leave of absence to attend a treatment program.
  • You must attend an evidence-based treatment program during your leave.

If you qualify for FMLA, you may take up to 12 weeks of unpaid leave to attend rehab. 

Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) prohibits employers from discriminating against or firing employees with substance use disorder (SUD). The ADA requires employers to allow you to adjust your work schedule to accommodate drug testing, medical appointments, and other recovery-related activities.

Health Insurance Portability and Accountability Act (HIPAA)

The Health Insurance Portability and Accountability Act (HIPAA) protects the privacy of your medical records. It prohibits employers and others from accessing your medical information without your consent. 

Understanding the laws protecting your employment during rehab may help you feel more confident requesting a leave to attend treatment. 

Steps to Take to Protect Your Job During Rehab

For some, admitting to your employer that you need to take a leave of absence may seem overwhelming. Some people may worry about the stigma surrounding addiction, especially involving illegal drugs. 

Knowing where to start can help you feel more confident asking for a leave of absence. There are several steps you can take to protect your job during rehab, including:

  • Getting a formal diagnosis of substance use disorder (SUD) from a doctor
  • Find a local treatment program that offers the level of care you require
    Discuss your leave of absence with your Human Resources representative
  • Communicate with your employer about when you will leave work and when you will return

Your employer may offer additional support or resources, such as an employee assistance program (EAP) or work accommodations. Stay in touch with your employer throughout rehab, if possible. This will ensure a smoother transition back to work when the time comes. 

Learn More Now

Find compassionate, effective addiction treatment and support at The Healthier Choice Recovery. Contact our intake specialists to learn about our programs or schedule an intake appointment. 

References:

  1. Harvard Health Publishing: Working on addiction in the workplace
  2. U.S. Department of Labor: Family and Medical Leave Act
  3. U.S. Department of Labor: Americans with Disabilities Act

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