Can You Get Fired For Going To Rehab?

Yes, you could potentially be fired from your job if you attend rehab. However, with various laws, your job can be legally protected in the US if you need to attend rehab. Some laws can protect you from getting fired, but that doesn’t mean your job is fully secured.

People who are employed and would like to attend rehab for substance abuse disorder (SUD) may be concerned about losing their jobs. Although your job may not be your primary concern, once all other logistics are worked out, you may think about your job and whether or not it can be retained during rehab.

This article will explain how to employ legal protection when in rehab, how to go to rehab when you have a job, how to discuss going to rehab with your employer, and how to return to work after rehab. As always, Avenues Recovery welcomes you to join us in helping you start your journey to recovery at any stage of drug and alcohol addiction.

Legal Protection for Your Job When Seeking Rehab

According to the Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA), people who are struggling with drug or alcohol addiction can have their jobs secured with legal protection while attending rehab. In other words, these laws prevent employers from firing an employee who attends rehab temporarily to treat an addiction.

Although these laws are instituted to prevent employers from discriminating against employees who are struggling with substance use disorder (SUD), employees whose work performance is significantly impacted by active addiction or rehab or employees who have acted inappropriately due to drug use could lose their jobs regardless of the Acts explained below.

Job Protection Rights Whilst Attending Rehab

Here are some laws that protect you from losing your job whilst attending rehab:

Americans With Disabilities Act (ADA)- This legislation, passed in 1990, protects potential hires and employees from discrimination for attending rehab or struggling with an addiction. The Act prevents employers from firing, demoting, or refusing to hire or promote anyone who has a substance use disorder or attended rehab in the present or in the past.

This law is in place to protect any person with a disability from discrimination, including at work. Addiction is considered a disability and medical condition like any other, so if you are fired solely for a substance use disorder or for attending rehab, you can claim legal protection under this Act.

Family and Medical Leave Act (FMLA)- According to this law passed in 1993, employees can claim up to 12 weeks of unpaid leave for a medical or family issue. For example, if a medical health provider posits that you or a close loved one has a medical condition that impacts their ability to work, you may claim leave under the FMLA Act.

This protection can be extended to employees dealing with a substance use disorder. It should be noted that claiming 12 weeks of unpaid leave is only possible if you have proof from a doctor that you have an addiction that is severe enough to decrease your performance at work. Additionally, it can only be claimed to attend rehab rather than engage in active addiction without seeking recovery.

This Act was instituted to prevent employers from discriminating against employees who are struggling with addiction; however, if an employer has a policy in place regarding the termination of a job due to rehab that was provided to all employees in advance (and there is no specific discrimination involved), you could lose your job regardless of the FMLA Act.

Can A Job Fire You For Going to Rehab?

Although you could be fired for attending rehab, the above laws can protect you from being fired for that reason alone. In other words, you cannot be discriminated against and fired just because you have a substance use disorder and would like to start recovery through rehab.

Other laws can also protect you from discrimination or bullying at work because of an addiction:

The Health Insurance Portability and Accountability Act (HIPAA)- This law protects the privacy and confidentiality of employees who wish to attend rehab due to addiction. This law extends to medical providers, doctors, nurses, mental health professionals, and employers.

The legal ramifications of your boss revealing the fact that an employee is attending or has attended rehab for addiction allows you to retain your dignity and confidentiality, regardless of whether or not you can retain your job while you attend rehab.

The Rehabilitation Act- Passed in 1973, this law protects people who have received federal funding and participated in programs conducted by federal agencies from discrimination. As such, employees can receive federal resources and have equal access to programs like rehab, which will allow them to seek recovery from their substance use disorder.

Can You Work While in Rehab?

While you will likely have to take full leave from work to attend inpatient rehab, some rehab options do allow you to work while attending rehab. Depending on the history of drug use, the severity of addiction, and other factors, you may be eligible for outpatient rehab.

Outpatient rehab is a treatment model where individuals attend rehab during the day and return home in the evening. Depending on your type of job, you may be able to work during the hours of the day that you are not attending rehab. You may also have the ability to work remotely in the evenings.

Different outpatient rehabs offer different levels of flexibility, so if a mental health professional determines that you can benefit from outpatient rehab, find an option that has the flexibility you need to work simultaneously. You may also be advised to attend inpatient rehab for a while before you transition to outpatient rehab.

Does an Employer Have To Offer Drug Rehab Before Termination?

Employers who have stipulated that drug use is grounds for job termination do not have to provide drug rehabilitation or even allow the employee to retain their job while attending rehab. According to the Drug-Free Workplace Act passed in 1998, “the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited.”

Using this Act, employers can protect themselves from being forced to allow people with a substance use disorder (whether or not they attend rehab) to keep their jobs. However, employers should not regard employees as ‘addicts’ or persons with ‘issues’ but rather focus on the fallout of addiction on work, for example, missing work, subpar motivation, etc, which can be grounds for firing the employee.

Although it certainly may be a wise idea for employers to offer drug rehab for valuable employees struggling with substance use disorder, they do not legally have to do so. Employees who have attended treatment for drug addiction with the assistance of the employer are usually more loyal, devoted, and hardworking than other employees.

Can I Collect Unemployment While in Rehab?

Yes, you can use your short-term disability insurance to help you cover the loss of income during the time that you are attending rehab. Disability insurance is offered to anyone who is struggling with a medical condition that prevents them from working as usual, and substance use disorder qualifies as such.

How To Tell Your Employer You Are Going To Rehab

Telling your boss that you’re struggling with a substance use disorder and would like to attend rehab for recovery is an unpleasant task. No matter how kind and understanding your employer may be, they may decide to terminate your employment if you attend rehab, making the disclosure very difficult.

Here are some tips to help you have that conversation with your boss:

Preparation- Consider what you’d like to say and what you prefer to leave unsaid. Plan to use a calm voice and avoid accusations, but speak about yourself, your issues, and your sincere desire for recovery and change.
Time and place- Be mindful of where and when you have the conversation with your boss. If you know that certain days of the week or hours of the day are more hectic, don’t bring up the conversation at that time. Additionally, it may be wise to wait until your employer is pleased with your performance rather than after he has voiced displeasure with you.
Education- Explain in as much detail as necessary what substance use disorder is, how many people in the US struggle with the disorder, and how it affects you in your life. It may be smart to show your employer statistics, data, and legislation that could help him understand addiction and recovery rates better.
Honesty- Don’t whitewash over your disorder or make misleading statements about the extent of your addiction. Be honest so you can build trust. This helps you avoid your boss feeling misled and you feeling misunderstood as you work together to attend rehab and hopefully commence with your job afterwards.
Loyalty- Explain why you’d like to retain your job after rehab. Share that you feel committed to your workplace, are grateful for the opportunities they have afforded you, and would appreciate being given a chance to continue helping the company grow and expand.

Returning To Work After Rehab

Returning to work after rehab may be an interesting experience. Your employer may ask you to sign a return-to-work agreement that outlines the recommendations provided by your mental health provider and stipulates that you follow the guidelines and maintain a period of abstinence from your drug of choice to retain your job.

This may actually greatly benefit the recovered person, because knowing that your job is at risk if you lose your sobriety can help you stay on course and remain sober. There is also the challenge of acclimating to the workplace and dealing with the questions and comments from co-workers.

You can plan what you would like to share and what you prefer not to share in advance. That way, you won’t feel pressured to reveal information you prefer to keep private when questioned and put on the spot at work.