The Family and Medical Leave Act (FMLA) is a federal law enacted in 1993 that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons. This law aims to help employees balance their work responsibilities with their personal and family health needs, including treatment for substance abuse disorders.

Can FMLA be Used for Addiction Treatment? #

Yes, FMLA can be used for addiction treatment. The law sees substance abuse as a serious health issue if it meets certain criteria. Employees can take FMLA leave for:

• Inpatient care for substance abuse
• Continuing treatment by a healthcare provider for substance abuse

It’s important to note that FMLA leave is only for treatment provided by or referred by a healthcare provider. Absences due to substance use itself, not treatment, don’t qualify for FMLA protection.

FMLA Eligibility for Addiction Treatment #

To be eligible for FMLA leave for addiction treatment, employees must meet certain criteria:

• Work for a covered employer
• Have worked for the employer for at least 12 months
• Have at least 1,250 hours of service during the 12 months before the leave
• Work at a location where the employer has at least 50 employees within 75 miles

FMLA and Job Protection #

One of the key benefits of FMLA is job protection. When an employee takes FMLA leave for addiction treatment, their employer must:

• Maintain the employee’s group health benefits during the leave
• Restore the employee to the same or an equivalent position upon return from leave

This job protection gives employees peace of mind. They can focus on their recovery without worrying about losing their job.

Interaction Between FMLA and ADA #

The Americans with Disabilities Act (ADA) also protects employees with substance abuse disorders. While FMLA provides leave for treatment, the ADA prohibits discrimination against individuals with disabilities, including those in recovery from substance abuse.

Key points about FMLA and ADA interaction:

• Employees who have exhausted their FMLA leave may still have rights under the ADA
• The ADA may require additional leave as a reasonable accommodation
• Employers should consider accommodations that keep employees engaged in their job before resorting to leave

Employer Policies and Substance Abuse #

While FMLA protects an employee’s right to take leave for substance abuse treatment, it doesn’t stop employers from taking action based on substance use itself. If an employer has a non-discriminatory policy, they can terminate an employee for substance abuse, even on FMLA leave.

Confidentiality and Medical Information #

Both FMLA and ADA have strict rules about medical information:

• Employers can only collect information needed to confirm the employee’s condition, identify accommodation options, and determine the probable duration of the condition
• Under FMLA, employers cannot demand a specific diagnosis to grant leave
• Collecting excessive medical information can violate both FMLA and ADA

Taking FMLA Leave for a Family Member’s Addiction Treatment #

FMLA also allows employees to take leave to care for a family member receiving treatment for substance abuse. Employers cannot take action against an employee for taking FMLA leave in this situation.

The Importance of Seeking Treatment #

Substance abuse is a serious issue affecting millions of Americans. FMLA’s protection is crucial in allowing individuals to seek treatment without losing their job. It supports recovery and maintains a healthy workforce.

If you or a loved one is struggling with substance abuse, seeking professional help is crucial. FMLA provides a valuable opportunity to get the necessary treatment while protecting your job. Don’t hesitate to use this important benefit if you need it.