How To Go To Rehab Without Losing Your Job

If you are presently employed and considering taking time off to treat a substance use disorder, you may wonder how to go to rehab and keep your job. Fortunately, federal regulations and workplace policies are in place to safeguard those who wish to recover from addiction without losing their job.

Can You Get Fired for Going to Rehab?

The short answer is no — you cannot legally be fired solely for seeking treatment or going to rehab. The process of recovering from addiction might actually begin at the workplace. Unfortunately, many are unaware of the tools or the legal safeguards available to them inside their work organizations. For instance, you could be covered under the Family and Medical Leave Act (FMLA) and have access to an Employee Assistance Program (EAP) at work. It could be beneficial to check into your company’s assistance if you are dealing with addiction.

Why Should You Consider Rehab?

Rehab provides a supportive and comprehensive approach to overcoming addiction. It equips you with the tools, knowledge, and resources needed to reclaim your life, achieve sobriety, and pursue a healthier and more fulfilling future. Considering rehab can be a challenging yet life-saving decision when struggling with substance abuse or addiction issues.

• Professional Support: Rehabilitation centers have trained professionals to help you with addiction. They provide therapy, counseling, medication-assisted treatment, dual diagnosis treatment, and support throughout recovery.
• Safe and Structured Environment: Rehabilitation facilities provide a secure, organized atmosphere that reduces external stimuli and temptations. This regulated environment enables people to concentrate solely on their recovery without diversions.

Does the Law Protect Me from Losing My Job?

The specific legal protections regarding job security vary depending on the jurisdiction and the nature of your situation. However, there are several laws in place — including the Family and Medical Leave Act (FMLA) and The Americans with Disabilities Act (ADA) — that aim to protect employees from unfair termination or discrimination in certain circumstances.

The FMLA may provide job protection if you’re seeking treatment for a serious health condition, including substance abuse, and the ADA prohibits employers from discriminating against individuals with disabilities, which includes those in treatment for substance abuse.

However, there are limitations and requirements to laws surrounding substance abuse in the workplace. For instance, if your job performance is negatively impacted by substance abuse, your employer may still have the right to terminate you, even if you are seeking treatment. Furthermore, violating workplace policies related to alcohol or drug use or posing a direct threat to yourself or others due to addiction can affect your job security.

Family and Medical Leave Act (FMLA) for Drug or Alcohol Rehab Treatment

In the United States, the Family and Medical Leave Act (FMLA) allows employees to take job-protected leave to receive treatment for serious health conditions, including substance abuse or alcoholism. However, to make use of FMLA for drug or alcohol rehab treatment, some specific conditions and requirements must be met:

• Eligibility: To qualify for FMLA, your employer must be covered, which typically includes private companies with 50+ employees and public agencies. You must also have worked for the employer for a minimum of 12 months and have worked at least 1,250 hours in the previous 12 months.
• Serious Health Condition: If your substance abuse meets specific criteria, it can be classified as serious under the FMLA. Criteria include needing professional medical treatment or ongoing supervision and a significant limitation of your ability to perform work-related tasks.
• Certification: Your employer may ask for a healthcare provider’s certification that proves the need for leave due to a serious health condition, including details about the nature and duration of the condition and the necessity of leave.
• Duration of Leave: Eligible employees can take up to 12 weeks of job-protected leave within a 12-month period through FMLA. This leave can be taken all at once or intermittently based on medical certification and treatment plan.
• Employee Responsibilities: It is important to adhere to your employer’s standard procedures for requesting FMLA leave, provide all necessary documentation, and comply with any reasonable requirements relating to your leave.
• Job Protection: Employers should give you your old or similar job when you return from FMLA leave, unless you would have lost your job for other reasons.

While FMLA provides job protection during the leave, it does not guarantee continued employment if there are legitimate reasons for termination unrelated to the leave or if your job performance is unsatisfactory. To fully understand your rights and eligibility for FMLA, consult with your employer’s human resources department or seek legal advice. You can also call 866-461-3339 — one of our admissions coordinators can address any questions you may have regarding entering substance abuse treatment or rehab insurance.

The Americans with Disabilities Act (ADA) and Job Protection

The Americans with Disabilities Act (ADA) safeguards individuals with disabilities against discrimination in multiple areas, including employment. Although the ADA does not directly mention job security for people undergoing substance abuse or addiction treatment, it does provide some protections that can apply to such situations:

• Definition of Disability: According to the ADA, a disability is a physical or mental condition restricting one or more significant life activities. If your drug or alcohol addiction meets this definition, it can be considered a disability under the ADA.
• Reasonable Accommodations: Employers must offer practical accommodations to qualified individuals with disabilities, enabling them to perform their job functions. These accommodations can involve changes to work schedules, duties, or policies that allow you to receive treatment for substance abuse or sustain your recovery.
• Prohibition of Discrimination: The ADA protects people with disabilities from unfair treatment in employment, including the hiring process, promotions, job assignments, and terminations. It also covers protection for those seeking treatment for substance abuse.
• Job Performance Standards: Although the ADA offers protection, it does not exempt employees from meeting job performance standards. If you consistently fail to complete your job qualifications, employers can take appropriate actions if they are not solely based on your disability.
• Confidentiality: Employers must keep any medical information concerning an employee’s disability private, including their involvement in substance abuse treatment. Any details about your treatment should be kept confidential and shared only with those who require the information.

Remember, the ADA does not guarantee job protection in all circumstances. Employers can still take disciplinary action or terminate you if your substance abuse substantially impairs your job performance or directly threatens workplace safety.

The Health Insurance Portability and Accountability Act (HIPAA), 1996

The Health Insurance Portability and Accountability Act (HIPAA) is a federal law enacted in 1996 that aims to protect the privacy and security of individuals’ health information while ensuring the portability and continuity of health insurance coverage. Here are some key aspects of HIPAA:

• Privacy Rule: Sets national guidelines to safeguard your health information. It governs how healthcare providers, health plans, and clearinghouses handle and share protected health information (PHI). It also provides you with specific rights over your health information, such as the ability to access it, make changes, and request limitations on its usage and disclosure.
• Security Rule: Provides additional guidelines to protect electronic PHI (ePHI). Administrative, physical, and technical measures must be put in place by covered organizations to guarantee the privacy, availability, and integrity of ePHI.
• Transactions and Code Sets Rule: Sets standards for electronic healthcare transactions such as claims submissions, remittance advice, and eligibility verification to ensure consistency and efficiency.
• Identifiers: Covers unique identifiers such as the National Provider Identifier (NPI) for healthcare providers and the Employer Identification Number (EIN) for health plans to make it easier to identify and monitor healthcare entities accurately.
• Enforcement: The Office for Civil Rights (OCR) under the U.S. Department of Health and Human Services (HHS) enforces HIPAA’s Privacy and Security Rules by investigating complaints and conducting audits to ensure compliance.

Although HIPAA safeguards the confidentiality and safety of your medical data, there are some instances where exceptions and restrictions apply, such as for treatment, payment transactions, and healthcare operations.

The Rehabilitation Act, 1973

The Rehabilitation Act of 1973 is a U.S. federal law that aims to prevent discrimination against people with disabilities in programs that receive financial assistance from the government. Here is an overview of its key aspects:

• Prohibition of Discrimination: The Rehabilitation Act prohibits discrimination based on disability by any program or activity receiving federal funds, including employers, federal agencies, and educational institutions.
• Section 504: Prevents discrimination towards individuals with disabilities in programs and activities that receive federal funding, and mandates reasonable accommodations to ensure equal access and participation.
• Employment Provisions: Bans disability discrimination in federal employment and by employers who receive federal funding. It requires affirmative action and reasonable accommodations for individuals with disabilities.
• Accessibility: Requires public facilities and services that receive federal funds to accommodate individuals with disabilities.
• Independent Living: Helps people with disabilities live independently and participate in their communities by funding programs and services.
• Federal Agency Responsibilities: Mandates that federal agencies ensure compliance with disability services and vocational rehabilitation programs.
• Enforcement and Remedies: Has ways to address discrimination, such as filing complaints or legal action. Remedies can include injunctions, compensation, and attorney fees.

Does Insurance Cover Addiction Treatment Programs?

Whether or not insurance covers addiction rehabilitation programs depends on the specific policy and the treatment provider, among other variables. Generally, many insurance plans cover aftercare programs for addiction or mental health issues. Call 866-461-3339 to verify your insurance today.

Under the Affordable Care Act, most insurance plans must cover mental health and substance abuse treatment services, including substance use disorder programs. Some rehab centers may not accept insurance or may require out-of-pocket expenses. In these cases, you may be able to negotiate payment arrangements or seek financial assistance through scholarships or grants from the treatment provider, community, or government organizations.

If you have a health insurance plan with one of the providers listed below, you can read our guide to find out if your coverage includes drug and alcohol rehabilitation programs:

• Does Aetna Cover Rehab?
• Does Blue Cross Blue Shield Cover Rehab?
• Does Cigna Cover Rehab?
• Does HealthSmart Cover Rehab?
• Does Magellan Cover Rehab?
• Does Medicaid Cover Rehab?
• Does MultiPlan Cover Rehab?
• Does OWCP Cover Rehab?
• Does TriWest Cover Rehab?
• Does United Healthcare Cover Rehab?

How To Tell Your Employer You Are Going to Rehab

Telling your employer that you are going to rehab can be challenging. Approach the discussion with professionalism and a willingness to work collaboratively towards a successful outcome. Here are some steps to help you navigate this conversation:

• Plan Ahead: Before speaking to your employer, gather details about your treatment plan, such as the length of your absence, any special needs, and how your work will be managed. This will demonstrate that you have a solid plan and can address your employer’s concerns.
• Choose the Right Timing: Schedule a private meeting with your employer at a convenient time when they are not too busy.
• Be Honest and Direct: Be honest about your decision to seek help for a medical condition without divulging personal details. Emphasize your commitment to recovery and job performance.

Drug Testing for Pre-Employment or Existing Job

Drug testing for pre-employment or existing job purposes can vary depending on the employer, industry, and applicable laws and regulations. If you have concerns or questions about drug testing, review your company’s policies and consult your employer’s HR department or legal counsel for specific information about your rights, the testing process, and applicable laws.

Many employers conduct pre-employment drug testing to create a safe and drug-free work environment, assess applicants’ suitability for the job, and comply with industry or regulatory requirements. Typically, pre-employment drug tests are conducted after a job offer has been made, and the offer may be contingent upon passing the drug test.

How to Find Recovery Treatment Centers Near Me

Virtue Recovery Center’s accredited treatment facilities can conduct a drug and alcohol assessment by calling 866-461-3339, or you can visit one of our locations:

Recovery Centers in Arizona

• Chandler, Arizona: 111 S Hearthstone Way, Chandler, AZ 85226
• Sun City West, Arizona: 13951 W Meeker Blvd, Sun City West, AZ 85375

Recovery Centers in Texas

• Houston, Texas: 9714 S Gessner Rd, Houston, TX 77071
• Killeen, Texas: 5200 S W S Young Dr, Killeen, TX 76542

Recovery Centers in Nevada

• Las Vegas, Nevada: 8225 W Robindale Rd, Las Vegas, NV 89113

Recovery Centers in Oregon

• Astoria, Oregon: 263 W Exchange St, Astoria, OR 97103

What Are Employee Assistance Programs?

Employee Assistance Programs (EAPs) are employer-sponsored programs, typically part of an employee benefits package. They’re designed to support you in addressing personal, professional, or work-related challenges affecting your well-being and job performance. They provide various confidential services and resources to assist you and your immediate family in resolving issues impacting your overall quality of life.

Should You Consider Outpatient Rehab to Continue Working?

Deciding whether to pursue outpatient rehab while continuing to work is a personal choice that depends on several factors, including the severity of your condition, your work-life balance, and the flexibility of your job. Consider the following points to help make an informed decision:

• Severity of the Condition: Outpatient rehab programs are for milder substance abuse or as a transition from higher levels of care. Severe cases may require residential treatment or staying at inpatient rehab facilities.
• Treatment Needs and Support: Outpatient rehab involves regular therapy, counseling, and group sessions while living at home. Commitment to recovery and a supportive environment are crucial for success.
• Flexibility at Work: Evaluate if your job can fit your treatment schedule. Outpatient rehab may require adjusting work hours or taking time off. Talk to your employer, HR, or consult an employee assistance program for possible accommodations or leave options.
• Confidentiality and Stigma: Consider your comfort level when sharing your situation with your employer or colleagues. If you’re worried about judgment, keep your treatment confidential and schedule appointments outside work hours.
• Emotional and Physical Well-being: Prioritize self-care and attend therapy sessions regularly during outpatient rehab. Consider the impact of work demands on your recovery journey and explore alternative work arrangements such as freelance or contract work.
• Professional Support: Seek guidance from your treatment providers, therapist, or counselor, who can offer insights based on your circumstances. Call 866-461-3339 for a no-obligation, free assessment.

Can I Work Remotely While I am in Residential Rehab?

Working remotely while in residential rehab depends on several factors, including the policies of the rehab facility, the nature of your job, and your ability to fulfill work responsibilities while in treatment. Here are some considerations:

• Facility Policies: Some centers may restrict or discourage outside work to ensure you can fully focus on your recovery without distractions. The primary goal of residential rehab is to provide a structured and immersive treatment environment. Call 866-461-3339 to speak with one of our compassionate staff members who can provide details on our specific policies.
• Treatment Intensity: When participating in a residential rehab program, expect a rigorous schedule consisting of therapy, counseling, group activities, and self-reflection. The program’s intensity may make it challenging to balance work-related tasks.
• Therapeutic Focus: Residential rehab prioritizes personal growth, healing, and addressing underlying addiction issues. Partaking in work-related activities during this period may not align with the primary treatment program goals.
• Access to Technology: Check if your chosen rehab center allows electronic devices like laptops and smartphones. Some centers may restrict internet access or personal devices to maintain a therapeutic environment.
• Privacy and Confidentiality: Sharing a workspace or discussing work-related matters could put your confidentiality at risk and expose you to triggers or stressors that could negatively impact your recovery.
• Employer Flexibility: Assess whether your employer is open to accommodating remote work. Discuss your situation with your employer or HR department to explore potential arrangements, such as temporary leave, flexible work hours, or a reduced workload.
• Focus on Recovery: Residential rehab is a time to prioritize your recovery and well-being. It’s beneficial to fully immerse yourself in the program, take a break from work-related responsibilities, and dedicate yourself to the therapeutic process.

Preparing Yourself When You’re Ready to Return to Work After Rehab

Everyone’s recovery journey is unique. Working closely with treatment providers and your support network can help ensure you have the resources and guidance necessary to transition into workplace culture successfully. Here are some therapeutic methods that can support your recovery:

• Individual Counseling: Individual counseling with a therapist or addiction counselor can help you cope with work-related stressors. It focuses on building resilience, improving communication skills, managing triggers, and addressing substance abuse issues.
• Relapse Prevention Planning: Create a relapse prevention plan to stay sober when transitioning back to work. Therapists can help by identifying potential triggers, creating coping mechanisms, and developing strategies to handle stressful situations.
• Cognitive-Behavioral Therapy (CBT): CBT helps identify and change negative thoughts and behaviors. It can improve work stress, self-esteem, and productivity by promoting positive changes and mental well-being.
• Stress Management Techniques: Therapists can help you learn effective stress management techniques, including deep breathing exercises, mindfulness meditation, relaxation techniques, and time management strategies to maintain a healthy work-life balance.
• Social Support and Peer Groups: Joining peer support groups or 12-step programs like Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) can offer a supportive community of people who have experienced the difficulties of addiction recovery.
• Work Skills Training: Certain rehabilitation centers provide job training programs, career coaching, or skills assessments for professional development. Such programs can improve confidence, assist in career advancement, and prepare you for work demands.
• Mindfulness and Self-Care Practices: Engaging in mindfulness practices like meditation and self-reflection can enhance your well-being and assist you in remaining present and focused while adjusting to the work environment.
• Continued Therapy or Aftercare Programs: When you return to work, keep up with therapy or seek aftercare support, including individual counseling, group therapy, family therapy, or transition to sober living homes.

Going Back To Work After Rehab

Returning to work after rehab can bring a mix of emotions: anticipation, anxiety, hope, and fear among them. It’s a critical transition period that requires planning and support to ensure continued recovery.

One of the first considerations is knowing your rights. Many laws exist to protect the jobs of those seeking treatment for drug or alcohol addiction. For instance, the Family and Medical Leave Act (FMLA) in the United States allows eligible employees to take unpaid, job-protected leave for specific family and medical reasons, including substance abuse treatment. Here are some tips to help with the transition:

• Develop a Support System: Connect with supportive colleagues and supervisors who understand your situation and can provide assistance when needed.
• Create a Balanced Schedule: Ensure your schedule accommodates any ongoing treatments or support groups. Work-life balance is crucial to prevent burnout and relapse.
• Manage Triggers: Identify potential triggers in your workplace and develop strategies to handle them. This could involve practicing stress management techniques or arranging for a change in responsibilities.
• Maintain Healthy Habits: Regular exercise, a healthy diet, and adequate sleep can help manage stress and support overall well-being.

Remember, every individual’s journey is unique. Consider seeking advice from professionals or joining a support group to share experiences and learn from others who have navigated similar challenges.

Statistics about Substance Abuse and Rehab

• Half of Americans 12 and older have used illicit drugs at least once.¹
• 3% of employees reported working while under the influence of alcohol, while 2.9% of employees reported using illegal substances while at work.²
• Workers in recovery miss the fewest days of work annually, at 10.9 days — even fewer than the overall workforce at 15 days.³
• A substance use disorder (SUD) increases a worker’s likelihood of having more than one employer in the previous year by 40%.
• Each employee with an untreated SUD costs an employer more than $14,000 a year in industries and roles with high average salaries.
• The U.S. spends around $35 billion annually to treat SUDs, and an additional $85 billion yearly to treat accidents, infections, and diseases linked to substance use.
• Nearly 9% of working adults nationwide have a SUD, with alcohol use disorders accounting for 6.7% of cases and cannabis use disorders for 1.6%.
• Alcohol and other drug use problems are prevalent in the construction, mining, and service industries. Jobs in education, healthcare, and professional and protective services have the lowest rates, but even in such fields, one out of every 12 employees suffers from a substance use disorder.⁴
• Successfully treated employees who haven’t had a SUD in the last 12 months require less medical care, are less likely to take unplanned time off, and are far less likely to have changed jobs — resulting in an annual average savings of $8,543 per worker.
• In 2020, the United States had 16,066 substance abuse treatment facilities.⁵

Guides on Specialized Recovery Treatment Near You

Core Treatment Programs:

1. Alcohol Addiction Treatment
2. Drug Addiction Treatment
3. Medical Detox Program
4. Residential Treatment Center
5. Dual Diagnosis Treatment

Levels of Care:

1. Addiction Hotline Number
2. Partial Hospitalization Program (PHP)
3. Intensive Outpatient Program (IOP)
4. Intensive Inpatient Program (IIP)

Specialized Programs:

1. Holistic Recovery Center
2. Veterans Rehab Program
3. State Funded Rehab
4. Aftercare Program

FAQs

Can Couples Go To Rehab Together? Yes, couples can go to rehab together if they find a facility that offers specialized programs for couples. These programs focus on treating addiction for both partners while addressing relationship dynamics and fostering healthy communication and mutual support. Learn more: Drug and Alcohol Addiction Rehab for Couples Near Me

Can You Get Fired For Going To Rehab? In most cases, you cannot get fired for going to rehab, as laws such as the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) protect employees seeking treatment for addiction. However, it’s essential to follow your employer’s specific policies and communicate openly about your need for treatment. Learn more: How To Go To Rehab Without Losing Your Job

Do Rehab Centers Allow Visitors? Rehab centers typically have visitation policies that allow visitors, often during designated visiting hours or days. However, policies may vary between facilities, and some rehab centers may have stricter restrictions, especially during the initial phase of treatment. Learn more: Drug and Alcohol Rehab Centers Near Me That Allow Family & Visitors

Do Rehab Centers Allow Pets? Some rehab centers do allow pets, particularly those that offer pet-friendly programs or have a pet therapy component in their treatment plans. However, policies vary between facilities, so it’s important to inquire with the specific center about their pet accommodations and requirements before admission. Learn more: Addiction Rehab Centers Near Me That Allow Pets

Do Rehab Centers Allow Cell Phones? Policies regarding cell phones vary among rehab centers. Some facilities may allow limited use of cell phones, while others may have stricter rules and require patients to surrender their devices upon admission. Learn more: Drug and Alcohol Rehab Centers Near Me That Allow Cell Phones

Can a Pregnant Woman Go to Rehab? Yes, a pregnant woman can go to rehab. It is crucial to choose a facility that offers specialized programs and services tailored to the unique needs of pregnant women, focusing on both addiction recovery and prenatal care to ensure the well-being of the mother and her unborn child. Learn more: Rehab Centers For Pregnant Women and Mothers Near Me

Sources

1. Bustamante, Jaleesa. “NCDAS: Substance Abuse and Addiction Statistics [2023].” NCDAS, 1 Jan. 2023. drugabusestatistics.org
2. Frone, Michael R., and Amy Brown. “Workplace Substance-Use Norms as Predictors of Employee Substance Use and Impairment.” Journal of Studies on Alcohol and Drugs, vol. 71, no. 4, July 2010, pp. 526–34. https://doi.org/10.15288/jsad.2010.71.526
3. “Implications of Drug Use for Employers.” National Safety Council. www.nsc.org/work-safety/safety-topics/drugs-at-work/substances
4. NORC at the University of Chicago. “Substance Use Disorders by Occupation.” National Safety Council. www.nsc.org/getmedia/9dc908e1-041a-41c5-a607-c4cef2390973/substance-use-disorders-by-occupation.pdf
5. Statista. “Number of Substance Abuse Treatment Facilities in the U.S. 2003-2020.” Statista, Aug. 2022. www.statista.com/statistics/450281/total-number-of-substance-abuse-treatment-facilities-in-the-us
6. United States Government. “Family and Medical Leave (FMLA).” U.S. Department of Labor. www.dol.gov/general/topic/benefits-leave/fmla
7. “What Is the Americans With Disabilities Act (ADA)?” ADA National Network. adata.org/learn-about-ada
8. U.S. Department of Health & Human Services. “Health Insurance Portability and Accountability Act of 1996 (HIPAA).” CDC. www.cdc.gov/phlp/publications/topic/hipaa.html
9. “The Rehabilitation Act of 1973.” U.S. Equal Employment Opportunity Commission. www.eeoc.gov/statutes/rehabilitation-act-1973
10. “YOUR RIGHTS UNDER SECTION 504 OF THE REHABILITATION ACT.” U.S. Department of Health and Human Services, June 2006. www.hhs.gov/sites/default/files/ocr/civilrights/resources/factsheets/504.pdf
11. Alcoholics Anonymous World Services, Inc. “A.A. Around The World.” www.aa.org/aa-around-the-world
12. “Welcome to NA.org.” Narcotics Anonymous. na.org