One of the biggest concerns people have when considering rehab is whether their job is at risk. The fear of losing employment often holds people back from seeking the help they need.
However, in Arizona, there are legal protections in place that can help safeguard your job while you focus on your recovery.
At Decision Point Center, we’ve helped countless individuals navigate the complexities of attending drug addiction and alcohol addiction treatment while maintaining employment and protecting careers. While our admissions team can help you make sense of it all based on the specifics of your situation, we also want to provide some information to explain your rights when it comes to work and rehab.
1. Understanding Your Legal Protections
Both federal and state laws offer certain protections for employees seeking treatment for substance abuse. Knowing your rights is the first step toward protecting your job.
- Family and Medical Leave Act (FMLA): Under FMLA, eligible employees can take up to 12 weeks of unpaid leave to address serious health conditions, which includes attending rehab. While this leave is unpaid, FMLA ensures your job (or an equivalent position) will be waiting for you when you return.
- Americans with Disabilities Act (ADA): If your substance use disorder qualifies as a disability under ADA, your employer may be required to provide reasonable accommodations, such as time off for treatment. This law applies if you’ve voluntarily chosen to go to rehab and are not currently using illegal drugs.
As long as you follow the proper steps and qualify for FMLA or ADA protections, you cannot be fired simply for seeking treatment in a rehab program.
2. When You May Not Be Protected
While these laws provide significant protections, there are circumstances in which your employer may have grounds to terminate your employment, even if you’re attending rehab. It’s important to understand the limits of these protections:
- Substance Use On the Job: If you’ve violated your company’s substance abuse policy by using drugs or alcohol on the job or coming to work under the influence, your employer may have the right to take disciplinary action, including termination.
- Workplace Safety Violations: If your substance use endangers workplace safety or violates company policies, particularly in jobs that involve hazardous duties, your employer may not be required to accommodate you.
- Ineligibility for FMLA: FMLA only applies to certain employees, typically those who have worked at least 1,250 hours over the past year for an employer with 50 or more employees. If you don’t meet these criteria, you may not be protected under FMLA.
While protections exist, violating workplace policies related to substance use or not qualifying for FMLA could leave your job at risk.
3. How to Protect Your Job Before Attending Rehab
Taking a proactive approach is the best way to safeguard your job while seeking treatment. Here’s how you can make sure you’re covered:
- Review Company Policies: Check your employer’s handbook or HR policies to understand how they handle situations involving substance abuse or medical leave. Knowing these details will help you plan your next steps.
- Use FMLA or ADA: If you qualify for FMLA or ADA protections, make sure you formally apply for these programs before attending rehab. This will ensure that your job is protected and your employer cannot fire you for attending rehab.
- Be Honest with Your Employer: Approach your employer or HR with honesty. You don’t need to disclose every detail, but you should inform them that you’ll be entering a treatment program and need medical leave to focus on recovery.
Taking these steps can provide peace of mind, knowing that your job is legally protected while you attend rehab.
4. What to Do If You Are Fired for Attending Rehab
If you believe you’ve been wrongfully terminated for attending rehab, you have options. It’s illegal for an employer to fire you for seeking treatment if you’re protected by FMLA or ADA. Here’s what you can do:
- Contact an Employment Lawyer: An attorney who specializes in employment law can help you understand your rights and whether you have grounds for a wrongful termination claim.
- File a Complaint: You can file a complaint with the Equal Employment Opportunity Commission (EEOC) if you believe your termination violated the ADA or with the U.S. Department of Labor for FMLA violations.
Don’t hesitate to seek legal advice if you’ve been terminated unlawfully. You have the right to seek justice if your employer violated your legal protections.
Your Recovery Matters. Let Decision Point Center Help.
Attending rehab is a courageous decision, and your job should not stand in the way of your recovery. With the right knowledge and approach, you can protect your employment and take the steps necessary to overcome addiction.
At Decision Point Center, we understand the concerns that come with entering treatment. That’s why we provide personalized assistance during the admissions process and take the time to explain our program offerings, including options like our intensive outpatient program (IOP), which enables participants to continue working and maintaining pre-existing responsibilities while getting the help they need. If you’re ready to start your journey to recovery, we’re here to help.
Decision Point Center has been Arizona’s top addiction rehab for more than 20 years. Learn more about our treatment center and how we can help you when you contact us.