Deciding to go to rehab is a big step, but many people worry about how it might affect their jobs. It’s common to wonder, can I get fired for going to rehab? For those fighting with addiction or mental health issues, the fear of losing their job can be a barrier to seeking needed help. With that being said, understanding your rights as an employee can ease some of that stress.
The good news is that there are laws to protect you when you seek treatment, so you’re not forced to choose between your health and your job.
Understanding Your Rights: The Short Answer
So, can you get fired for going to rehab?
The short answer is, in most cases, no.
Federal laws are designed to safeguard employees who pursue treatment for addiction or mental health issues. The Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) are two key laws that protect individuals who need time off for rehab. These laws can prevent you from being fired simply for taking steps to get the help you need.
However, the specifics of your situation, like your company’s policies and employment history, may also come into play, which we’ll explore in more detail next.
The Americans with Disabilities Act (ADA)
The ADA is a federal law that outlaws discrimination against people with disabilities, including those with certain addictions or mental health disorders. Under the ADA, addiction can be classified as a disability if you’re actively participating in a rehab program or have completed one. This means in many cases, your employer can’t fire you for simply seeking help for your addiction.
However, it’s important to note the protections of the ADA don’t apply to everyone. For example, suppose you’re currently using illegal drugs. In that case, the ADA doesn’t shield you from disciplinary action or termination. Still, if you’re in rehab or have stopped using drugs and are working toward recovery, you may be protected under this law.
Family and Medical Leave Act (FMLA)
The FMLA is another key law that can protect employees needing time off for medical reasons, including addiction treatment. Under FMLA, eligible employees are authorized up to 12 weeks of unpaid leave per year for serious health conditions, which can include substance abuse disorders. This allows you to attend rehab without the fear of losing your job.
To be eligible for FMLA protections, there are a couple of requirements:
- Your employer has at minimum 50 employees within a 75-mile radius.
- You’ve worked for the company for at least 12 months and at least 1,250 hours during that time.
If you meet the criteria, FMLA can ensure your job or a similar position with equivalent pay and benefits will be waiting for you when you return.
Employer Policies and Individual Contracts
When it comes to going to rehab, your employer’s specific policies can vary.
Some companies have clear guidelines on how they handle addiction treatment and medical leave, while others might not address it directly. It’s important to take the time to look at your employment contract and employee handbook to understand the protections and options available to you.
Many organizations also offer Employee Assistance Programs (EAPs), which are designed to support employees dealing with personal or health issues, including addiction. These programs often provide confidential counseling and rehab referrals, helping you get the treatment you need without the fear of losing your job.
When you familiarize yourself with your company’s policies, you’re better equipped to navigate the process and find out if protections or resources are already in place to help you while you seek treatment.
Exceptions: When Can You Get Fired for Going to Rehab?
While laws like the ADA and FMLA provide important protections, there are some situations where an employer might legally terminate someone even if they go to rehab.
For example, if you violated company drug policies, engaged in unsafe behaviors at work or committed misconduct due to substance use, your employer could have grounds for termination regardless of your decision to seek treatment.
Additionally, ongoing illegal drug use isn’t protected under the ADA or the FMLA.
If you’re currently using illicit substances and haven’t entered rehab yet, your employer can take disciplinary action, including termination, without violating these laws. It’s only when you’re actively participating in a rehab program or have completed treatment that these protections apply.
Understanding these exceptions is key to knowing where you stand.
How to Approach Your Employer About Rehab
Discussing your decision to seek treatment with your employer can feel intimidating, but being open and honest is the best approach. Here are a few tips to help you navigate this conversation:
- Be honest and direct: Explain you’re seeking treatment for a health condition, and if appropriate, reference the protections you have under the ADA or FMLA. Keep the conversation professional, focusing on your commitment to getting better.
- Know your rights: If you’re eligible for legal protections, be prepared to explain how they apply to your situation, which can help clarify that you’re not risking your job by seeking rehab.
- Talk to HR first: If you’re not sure how to bring this up with your boss, consider talking to a human resources representative first. HR can help you understand your company’s policies and guide you on the best way to proceed.
- Seek legal advice if needed: If you’re concerned about how your employer might respond, or you feel your rights aren’t being respected, you might talk to a legal advisor to better understand your options.
Seeking Help is Always the Best Option
When it comes to addiction, seeking help is always the best choice, no matter the circumstances. If you’re worried about questions like, can I get fired for going to rehab, remember that your health and well-being always come first. The long-term benefits of getting treatment far outweigh temporary concerns about job security.
Recovery can improve every aspect of your life—personally, professionally and emotionally.
By taking steps toward recovery, you’re investing in a healthier future, which ultimately makes you a better employee, friend and family member. Many employers recognize this and are supportive of their staff seeking help.
Your journey to recovery is a step toward long-term stability and growth in your career and life.
If you’d like help taking the next step toward recovery, contact our team at Archstone Behavioral Health.
