Call Now

(949) 867-6770

Can My Employer Fire Me if I Go to Rehab?

beginningstreatment-can-my-employer-fire-me-if-i-go-to-rehab-photo-of-young-stressed-woman-listening-psychologist

Allyson Pelletier LMFT

This content has been medically reviewed by Allyson Pelletier.

Can My Employer Fire Me if I Go to Rehab?

While most people think of addicts as unemployed and sometimes homeless, the truth is that most addicts are actually part of the working population. With an estimated 19.7 million U.S. adults suffering from a substance abuse problem, it’s only natural that most would be employed. This can result in both high-functioning and non-high-functioning performance, but it will affect your options when you seek rehab and treatment.

If you’ve decided to go to rehab, you’re making the right choice. Getting help will improve your future, relationships, your health, and will prevent worsening problems. But, if you’re like many, you’re likely concerned about your career. Many people wonder if their employer can fire them for going to rehab. While the short answer is “probably not”, the long answer is a lot more complex and is completely dependent on your profession, your conduct, and your performance while you were addicted. Understanding your rights, options, and responsibilities as an employee are crucial if you are to seek rehab with the best possible scenario. Note that this article offers information only and is not to be relied upon as legal advice.

Your Rights According to the Law

The United States offers several laws protecting the rights of individuals in need of both physical and mental health care. Substance use disorder is classified as a temporary disability, which means that you are protected by law. This also means that your insurer is required to offer coverage and cannot deny you coverage on the basis of a pre-existing condition.

Family and Medical Leave Act– The Family and Medical Leave Act allows you to take up to 12 weeks of unpaid medical leave without disclosing the reason to your employer. In order to be eligible for FMLA leave, an employee must have worked for the employer for at least 12 months, have worked at least 1,250 hours over the past 12 months, and work for an employer with at least fifty employees. Several states have passed laws providing additional family and medical leave protections for workers. This means that if you are eligible you can always request unpaid medical leave from your employer without disclosing your addiction or where you are going. They are not legally allowed to ask about your medical or personal life and you are not required to disclose any personal details. However, you may be asked to provide evidence of need from a medical professional. This statement does not have to include what you are seeking treatment for or any personal information other than that you need medical treatment and it will take X duration of time. This is important, because it allows working and licensed professionals to seek out treatment and rehab without endangering their license, client-base, or standing with a firm or company.

Patient Protection and Affordable Care Act – The Patient Protection and Affordable Care Act offers several important mandates for individuals seeking rehab. The first is that it qualifies substance abuse as a temporary disability. The second is that it mandates that treatment for substance abuse treatment is a medical right. Your employer cannot legally prevent you from getting treatment and must make allowances for you to do so. It also means that your employer is obliged to allow you to seek rehab using work-based insurance. This regulation, along with the prevalence of substance abuse in the workplace, has led many organizations to begin developing their own substance abuse prevention and treatment programs, which your workplace may provide.

Americans with Disabilities Act – The Americans with Disabilities Act classifies substance abuse as a temporary disability. This means that your employer cannot legally hire, fire, or discriminate against you because of your substance abuse problem. However, this isn’t an all-clear, as there are many considerations that may allow your employer to fire you.

Your Contract

It’s important to read through and understand or review your company contract, work policies, and any HR material on addiction, substance abuse, and rehab. Depending on your employer, these may range from the very lax to the very strict. For example, some contracts will state that any drug use or alcohol use on work premises will result in contract termination. Others will offer stipulations to help you into a drug and alcohol treatment center and to follow up with 12-step meetings or another form of group therapy for addiction.

Navigating your rights here can be fairly difficult. For example, if your contract directly states that you will lose your job if you are caught using or drinking on-premises. Your contract may also state that any illicit substance abuse is against company policy and will result in termination. These regulations can range from the moral to more legitimate concerns surrounding safety, client safety, and firm reputation.

In most cases, if you have signed a contract, you have signed an agreement to those stipulations. If you have signed away rights, you cannot likely win in court, even if the contract directly contradicts law.

So, if your contract states that you will lose your job in case of substance abuse, you should consider taking several steps to avoid losing your job:

In most cases, the more often your employer tests for drugs, the less tolerant their substance abuse policy will be.

Other Considerations

 

There are many considerations that may affect your employer’s reaction to your seeking out rehab. Here, it’s important to be aware of the specific context and circumstances, your manager’s attitudes towards substance abuse, and general company policy.

Your Conduct – Your employer is significantly more likely to react positively if your behavior has been, overall, very positive. Individuals who don’t show that they have a problem, don’t engage in high levels of internal conflict, and are otherwise focused and able to work well are significantly less likely to see problems when seeking out rehab. On the other hand, you can expect to see major problems, reviews, or even direct contract termination if you have recently been involved in incidents, especially those involving safety issues, destruction of property, or conflict resulting in failed performance.

This also applies to your conduct outside the organization. If you’ve recently been involved in drunk driving, been arrested, or otherwise been profiled as an intoxicated person, you may be more likely to lose your job.

Your Performance – If your performance is good, your employer is less likely to create a reason to fire you. If you’ve had performance issues, quality issues, or deadline issues, you may want to reconsider alerting your employer to your seeking rehab.

License or Organization – Some licenses, organizations, and companies require a strict code of conduct, including no illicit drugs, no breaches of moral conduct such as driving under influence, and so on. Publicly admitting to breaching these could affect your reputation, client-base, the reputation of your organization, or the sanctity of a license you hold. You may be given a review or your right to practice may be terminated as a result. In this case, it’s advisable to seek out a rehab program designed for professionals, so you know your data is confidential.

Seeking rehab is an important step. You should go to treatment. However, you should also consider how you do so. In most cases, your employer is likely to be supportive of you taking time to treat your disorder. Getting treatment will make you a better employee. In the cases where they won’t, you have legal rights to keep your job or to seek out rehab without alerting your employer to why you are taking leave. No matter what you choose, good luck on your journey towards recovery.

Please contact Beginnings Treatment Centers today for an honest talk about addiction programs with one of our experienced and professional addiction treatment team. We can answer any questions you may have with no cost or obligation.

Posted on Google Google
Bill Watkins profile picture
Bill Watkins
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Great Facility, Great Staff, Safe and Clean environment! Five stars all around!!!!!
Posted on Google Google
Anna Springer profile picture
Anna Springer
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I can’t say enough good things about my experience here. The staff was absolutely amazing—compassionate, knowledgeable, and truly committed to helping people heal. I came in with significant health issues, and they went above and beyond to address and accommodate every one of them with care and respect. More importantly, they helped shift my entire perspective. Through their guidance and support, I found my path to sobriety. I’m leaving not only healthier, but with a renewed sense of purpose and hope. I will be forever grateful for what they’ve done for me. A very special thank you to Katie, David, Katilyn, Bret, Theo, and Dillian—you each made a lasting impact on my journey. Thank you from the bottom of my heart!
Posted on Google Google
Dylan Gaither profile picture
Dylan Gaither
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
The location of the facility is a nice and quiet neighborhood away from the sounds of busy roads, nice and cozy rooms perfect for the temporary stay needed to get well. The staff are hardworking, supportive and flexible according to the individual needs of each client. You become family when you come here. Thank you for the opportunity and the help you have provided me!
Posted on Google Google
Blaine Herman profile picture
Blaine Herman
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Amazing place, helped me get back on my feet again and a great foundation for my recovery process. Thank you to the team! Would recommend to all
Posted on Google Google
Tyler Harvan profile picture
Tyler Harvan
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I’ve been to many treatments, and by far this is the best place I’ve been too. If you’re struggling with substance abuse, or mental health issues this is the place you want to go to. They truly care.
Posted on Google Google
Devin Burch profile picture
Devin Burch
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Thank you Elite Care Beginnings for everything! It was a blast being with you guys on my recovery journey! For my very first time in treatment, you guys made me feel very welcomed! I would highly recommend this place for anyone who’s looking to get help for recovery! Thank you again Elite!!
Posted on Google Google
Brian Wilson profile picture
Brian Wilson
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Beginnings was definitely the place I needed to get my life under control, and help set me up for success. Definitely appreciate the fact that most of the staff were extremely helpful and willing to go out of their way to assist me. Shout out to Katie and Mikey For going out their way and taking me to the gym on the daily. This helped provide a strong routine, and consistency for me is essential in maintaining my sobriety. Helped me regain control over my life when it became unmanageable. Thanks.
Posted on Google Google
Lulu Dee profile picture
Lulu Dee
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Excellent Therapist. Very supportive staff. Modern and clean facilities.. If you are seeking treatment for a mental health issue and/ or substance-abuse you are in the right hands. My overall experience was excellent.
Posted on Google Google
liz knowlton profile picture
liz knowlton
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I went here for mental health and the staff here felt like family!
Posted on Google Google
Clint Lawson profile picture
Clint Lawson
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Great program!
Verified by Trustindex
Trustindex verified badge is the Universal Symbol of Trust. Only the greatest companies can get the verified badge who has a review score above 4.5, based on customer reviews over the past 12 months. Read more

Have Questions?

We offer drug & alcohol detox and rehab services in California.
Facebook
Twitter
LinkedIn