Those considering entering an addiction treatment program will often have a number of questions, and some of these revolve around maintaining employment. A common example: “Can I get fired for attending rehab?” The answer involves understanding your basic protections and the laws that back them.
At Moonlight Mountain Recovery, we’re here to offer the best alcohol rehab and drug rehab services available in Boise, Pocatello or nearby areas of Idaho, including both outpatient and inpatient rehab services. We regularly advise patients and their loved ones on topics related to employment and job protection when they enter our programs, and we’re happy to offer tips and expertise here. Let’s take a look at the important legal protections in place here, but also some additional considerations to keep in mind.
Americans With Disabilities Act (ADA)
One of the chief protections for those entering addiction treatment programs is the Americans with Disabilities Act (ADA). This federal law prohibits discrimination against individuals with disabilities, including those related to substance abuse disorders. Under the ADA, an employer cannot fire or refuse to hire someone solely because they are in a drug or alcohol rehab program.
It’s vital to remember, though, that the ADA only applies to people who are no longer actively taking those substances. If someone is currently using drugs or alcohol, they are not protected under the ADA. Additionally, the ADA only applies to employers with 15 or more employees, so those working for smaller companies may not have this protection.
Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid leave for certain medical reasons, including seeking treatment for a substance abuse disorder. This means that an employee can take time off work to attend rehab without fear of losing their job. This law applies to all public agencies, plus any private or public elementary or secondary school, and most importantly to any company with at least 50 employees.
However, there are some eligibility requirements for FMLA, including having worked for the employer for at least 12 months and having worked at least 1,250 hours in the past 12 months. Additionally, the business must be located within 75 miles of the employee’s home.
Consolidated Omnibus Budget Reconciliation Act (COBRA)
This is a bit of a different legal protection, offering people and families the option to continue group health insurance coverage under an employer plan if they are fired or see reduced working hours. For those worried about losing insurance coverage if they attend rehab, this can be a valuable protection to keep in mind.
Additional Considerations
While these are some of the main legal protections in place for those attending addiction treatment programs, there may also be other factors to consider. For example, if an employee’s substance abuse is affecting their job performance or causing safety concerns, an employer may have grounds to terminate employment. Additionally, some employers may have specific policies in place regarding time off for medical issues and need for documentation or proof of treatment. It’s always important to communicate openly with your employer about your situation and any potential leave from work.
Finally, it’s worth noting that many people who enter addiction treatment see positive improvements in their overall well-being and job performance. By seeking treatment, you are taking an important step towards improving your life both personally and professionally. Don’t let fear of losing your job prevent you from getting the help you need to overcome addiction and live a healthier, happier life.
Some Employers May Try to Circumvent
While it’s not a pleasant subject to discuss, the reality is that some employers may try to find a way around these legal protections for individuals seeking addiction treatment. This is why it’s important to know your rights and have the support of a reputable rehab program like Moonlight Mountain Recovery on your side. Our team can provide resources and guidance should you encounter any issues with job protection during or after your treatment.
If you’re considering entering an addiction treatment program and are worried about job protection, it’s important to understand the legal protections in place and communicate openly with your employer. Don’t let fear hold you back from getting the help you need – recovery is possible, and we’re here to support you every step of the way.
Contact us today at Moonlight Mountain Recovery to learn about our drug rehab, alcohol rehab and other treatment options around Boise, Pocatello and nearby parts of Idaho. You deserve a better life, and we’re here to help make it happen.
