Going to rehab requires a significant time commitment, and it’s common to want to take time off from work to focus on recovery. However, that can leave you worrying about how it’ll affect your job.
Fortunately, there are resources available that can help. One of them is the Family and Medical Leave Act (FMLA), a law that allows employees to take job-protected time off for certain family and medical reasons.
Now, you might be wondering, “Can I use FMLA for rehab?” Yes, you can receive job-protected leave under the FMLA when you have a documented substance use disorder and a referral from a doctor.
How do FMLA rehab protections work? We’ll cover everything you should know in this guide to help you secure job protection while in rehab so you can confidently pursue recovery.
What is FMLA and How Does it Work?
The FMLA is a law that offers protections for qualifying employees, allowing them to take up to 12 weeks of unpaid, job-protected leave. The law also states that employees are still eligible to maintain their insurance during leave, so employees taking extended time off don’t have to worry about losing healthcare coverage.
The law is designed to empower employees who need to take time off for a valid medical or family reason. Valid reasons can include:
- The birth and care of a newborn child
- When getting placed with a child for adoption or foster care
- Caring for an immediate family member (child, spouse, parent, or sibling) with a serious health condition
- Taking time off to manage a serious health condition that you’re struggling with
The U.S. Department of Labor states that employees are eligible for these protections as long as they’ve worked with the same employer for at least 12 months, have worked at least 1,250 hours in the last 12 months, and work at a location where the company employs at least 50 people within 75 miles.
Does FMLA Cover Addiction Treatment and Rehab?
Yes, substance abuse is considered a serious health condition under the FMLA, and seeking addiction treatment is a valid reason that qualifies for job-protected leave. A family member caring for someone receiving addiction treatment can also be eligible for FMLA-protected leave.
The law does note that the FMLA only covers time off for treatment, not for the effects of the employee’s substance use, so it isn’t a workaround when you’ve had absences because you were hungover, feeling ill after using a substance, etc.
To qualify for medical leave for substance abuse treatment, you’ll have to provide documentation that shows substance abuse has greatly impacted your life and get a referral from a doctor recommending rehab. Treatment also needs to be provided by a licensed healthcare provider.
How to Use FMLA for Rehab
You’ll need to take a series of steps when you’re using FMLA for addiction treatment. Those include:
- Make an appointment with a licensed doctor to talk to them about your struggles with substance abuse. If the doctor diagnoses you with a substance use disorder, they’ll provide you with a referral to get addiction treatment.
- Research treatment facilities and consult with them about the best type of program for your needs.
- Inform your employer that you’ll need to take leave. It can help to plan this with HR to set an appropriate date to start leave and ensure effective communication during the process. After notifying your employer, they’ll start the FMLA verification process.
- Your employer should notify you within five business days if your leave is FMLA-protected and will request certification if it is.
- You’ll complete the certification process, submitting your doctor’s referral, information about your requested leave, etc.
- You should receive confirmation that your leave is FMLA-protected within five business days. If you do, you’re covered and can confidently take your leave.
- After returning to work, your employer must return you to the same position or a nearly identical job.
We know this process can feel confusing at times. If you’re looking for an eligible treatment center that can help, we’re here to support you at Genesis House. We work with clients looking to take FMLA-protected leave for addiction treatment and can help you navigate the process and find a treatment program that fits your needs.
Limitations and Things to Know
While the FMLA provides several protections, there are some limitations you should be aware of before starting the process:
- FMLA-protected leave is unpaid, so you’ll still need to prepare financially before taking time off. However, PTO can be combined with FMLA-protected leave if your employer allows it.
- You may not return to the exact position you had before. The law just states that it has to be a nearly identical position to what you had before taking your leave.
- Small businesses that are under 50 employees won’t be covered.
While there are a few limitations, pursuing addiction treatment and using FMLA-protected leave if you can is well worth it to recover from addiction and avoid the long-term consequences of continued substance abuse.
Why Seeking Rehab Is Worth It
One of the biggest reasons why seeking rehab is worth it is because of the long-term health consequences of ongoing addiction. A study from the Journal of Public Health Reviews lists several adverse health effects of long-term substance abuse, including:
- Increased risk of cancer
- Organ damage (liver failure, kidney failure, etc.)
- Respiratory health problems
- Cardiovascular health problems
- Worsening mental health
- Increased risk of overdose
- Lowered immune system
- Damage to the reproductive system
- Cognitive damage
- Diabetes
Many of these health problems can be fatal or lead to long-term damage that can’t be reversed, so it’s important to get treatment early before things get out of hand.
Additionally, if your health and well-being continue to worsen, it will impact your performance at work more and more over time. Therefore, ongoing addiction could do even more harm to your career than taking time off to pursue treatment. It’s worth taking advantage of protections like the FMLA to give yourself time to recover and get back on the right track.
How Genesis House Helps
At Genesis House, we offer evidence-based drug and alcohol addiction treatment programs that we can customize based on your specific needs.
Our licensed medical staff can work with you each step of the way, whether you need flexible treatment options, a customized program based on how much time you can take off from work, or help managing common stresses like preparing to return to work after taking leave for addiction treatment.
We can also help you navigate the complexities of the FMLA if you have questions about the steps involved or how to talk to your employer about needing to take leave. You don’t have to feel like you’re going through the process alone.
Contact us today to learn more about how our team at Genesis House can help you navigate the FMLA and create a treatment program that works best for you.
References
- S. Department of Labor. “FMLA (Family & Medical Leave).” U.S. Department of Labor, https://www.dol.gov/general/topic/benefits-leave/fmla
- “eLaws – Family and Medical Leave Act Advisor.” dol.gov, https://webapps.dol.gov/elaws/whd/fmla/10c9.aspx
- “The FMLA Leave Process.” DOL, https://www.dol.gov/agencies/whd/fmla/FMLA-leave-process
- Schulte, Marya T., and Yih-Ing Hser. “Substance Use and Associated Health Conditions throughout the Lifespan.” Public Health Reviews, vol. 35, no. 2, Dec. 2014, doi:10.1007/bf03391702. https://pmc.ncbi.nlm.nih.gov/articles/PMC5373082/
