How to Go to Addiction Rehab without Losing Your Job

Contrary to popular belief, you cannot be fired for going to rehab. In fact, the Americans with Disabilities Act (ADA) protects individuals who have undergone or are currently undergoing treatment for substance abuse or addiction from losing their job.

That said, it is worth noting that if an employee’s job performance is affected by their substance abuse, they may be subject to disciplinary action, which may include termination.

Additionally, if an employee violates their company’s drug and alcohol policies, they may also face consequences.

For your own sake, you need to know about the different federal acts that are designed to protect you. These laws may help you depending on your specific circumstances at work. The size of the company you work for plays a major role in whether these federal acts apply to your situation.

Whether it’s drug or alcohol use, you can go to rehab without fear of losing your job if you qualify for these federal laws.

Under the Americans with Disabilities Act or ADA, employers are prohibited from discriminating against individuals who have a history of addiction, are in recovery, or are currently undergoing treatment for addiction. This means that an employer cannot terminate an employee solely because they have sought or are seeking treatment for addiction.

This federal law was enacted in 1990 and prohibits discrimination against people with disabilities in employment, public accommodations, transportation, telecommunications, and government services. The ADA requires employers to provide reasonable accommodations to employees with disabilities to enable them to perform the essential functions of their job.

Additionally, the ADA also protects anyone with an eligible disability that is defined as either a physical or a mental impairment. Under this definition, substance use disorders are also recognized as a disability.

The ADA has been amended several times, including in 2008 with the ADA Amendments Act, which broadened the definition of disability and made it easier for people with disabilities to establish their rights under the law.

Do take note that the ADA only applies to companies with 15 or more employees as well as local or state government entities.

An employee who is still taking drugs may be violating their company’s policy, however, and may therefore be terminated. If you fail your drug test and your contract says you can be terminated for drug use, you may still lose your job. Each case is determined on an individual basis.

The FMLA stands for the Family and Medical Leave Act, which is a federal law enacted in 1993 in the US. The FMLA provides certain employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons.

Because addiction is a diagnosable medical condition, your job security is protected.

Under the FMLA, eligible employees can take leave for the birth or adoption of a child, to care for a seriously ill family member, or if the employee has a serious health condition that prevents them from performing their job duties. During the leave, the employer must continue to provide health insurance benefits and cannot terminate the employee’s employment.

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 in the past 12 months, and work at a location with at least 50 employees within a 75-mile radius.

The FMLA applies to all public agencies, private sector employers with 50 or more employees, and some federal employers.

Another federal law that may offer some protection is The Rehabilitation Act of 1973. This federal law prohibits discrimination against individuals with disabilities in programs and activities that receive federal funding.

One of the key provisions of the Rehabilitation Act is Section 504, which prohibits discrimination on the basis of disability in any program or activity that receives federal funding. This includes schools, colleges and universities, hospitals, and government agencies.

The Rehabilitation Act covers a wide range of issues related to disability, including access to education, employment, transportation, and telecommunications. It also established the Rehabilitation Services Administration, which is responsible for administering federal programs that provide vocational rehabilitation services to people with disabilities.

The Rehabilitation Act has been amended several times, most recently in 1998.

Because of this law, any entity that receives federal grants cannot fire an employee for going to rehab for their addiction. The exception to this rule is if the employee can no longer carry out their job duties safely or competently due to their condition.

The Health Insurance Portability and Accountability Act (HIPAA) is a federal law enacted in 1996 that sets national standards for the protection of individuals’ health information. Its main goals are to ensure the privacy and security of personal health information (PHI) and to make it easier for people to keep their health insurance coverage when they change jobs or health plans.

HIPAA has two main components: the Privacy Rule and the Security Rule. The Privacy Rule sets standards for the use and disclosure of PHI by covered entities, such as healthcare providers, health plans, and healthcare clearinghouses. It also gives individuals certain rights over their PHI, such as the right to access their records and to request corrections.

The Security Rule sets national standards for the protection of electronic PHI (ePHI) held or transferred by covered entities.

So how does this help you? The HIPAA legislation simply means that employers cannot use your medical information in a way that discriminates against you. As long as you are qualified to do your job and you have not breached your contract, you cannot be treated unfavorably just because you are seeking treatment for addiction.

Violations of HIPAA can result in significant penalties, including fines and even criminal charges.

If you are struggling with alcohol or drug addiction and want to seek treatment, it’s understandable that you want to hide your condition from your employer. When in doubt, check your employee handbook.

Review your company’s policies and procedures regarding medical leave and treatment. Look for any clauses that may protect your privacy or allow you to take leave without disclosing the reason.

With the federal laws mentioned above, you may not even have to hide your condition from your employer as they are not allowed to discriminate against you for seeking substance abuse treatment. However, you may prefer to take a leave and receive treatment during that. Consider scheduling treatment during your vacation or personal time. This will allow you to attend treatment without telling anyone at work.

Some people seek treatment out of town. They visit a rehab facility that can help them maintain their privacy and avoid their colleagues. Some even opt to use a confidential helpline. Many rehab centers have helplines that you can call for information and advice on how to maintain your privacy while seeking treatment.

If your company offers an EAP, these programs offer confidential services for the mental health and well-being of employees. Talk to your HR about this option.

Remember, seeking treatment for addiction is a brave and necessary step in improving your life. Don’t let concerns about your employer’s knowledge stop you from getting the help you need.

The Health Insurance Portability and Accountability Act (HIPAA) is a federal law enacted in 1996 that sets national standards for the protection of individuals’ health information. Its main goals are to ensure the privacy and security of personal health information (PHI) and to make it easier for people to keep their health insurance coverage when they change jobs or health plans.

HIPAA has two main components: the Privacy Rule and the Security Rule. The Privacy Rule sets standards for the use and disclosure of PHI by covered entities, such as healthcare providers, health plans, and healthcare clearinghouses. It also gives individuals certain rights over their PHI, such as the right to access their records and to request corrections.

The Security Rule sets national standards for the protection of electronic PHI (ePHI) held or transferred by covered entities.

So how does this help you? The HIPAA legislation simply means that employers cannot use your medical information in a way that discriminates against you. As long as you are qualified to do your job and you have not breached your contract, you cannot be treated unfavorably just because you are seeking treatment for addiction.

Violations of HIPAA can result in significant penalties, including fines and even criminal charges.

Returning to work after going to rehab may be tough, but it’s a necessary adjustment. With the right mindset and support, you can go back to being productive at work again.

Here are some tips that will help you navigate these changes:

Communicate with your employer: Be honest with your employer about your situation and your goals. Let them know that you are committed to your job and ask for their support in helping you succeed.

Create a routine: Establishing a daily routine can help you stay focused and avoid triggers that could lead to relapse. Set a schedule for waking up, going to work, exercising, and other activities.

Find a support system: Having a support system is crucial for anyone in recovery. This can include a sponsor, therapist, support group, or other individuals who understand what you are going through and can provide encouragement and accountability.

Manage stress: Work can be stressful, and stress is a common trigger for relapse. Identify healthy ways to manage stress, such as exercise, meditation, or talking to a supportive friend or family member.

Avoid triggers: Identify triggers that could lead to relapse, such as social events where drugs or alcohol may be present. Avoiding these situations may be necessary early in your recovery.

Do your research and learn more about various addiction treatment options. The Substance Abuse and Mental Health Services Administration (SAMHSA) is a good example of a resource that has everything you need to know about substance use disorder and rehab.

Recovery is a journey. For many people, it is a life-long struggle that requires you to learn and apply healthy coping mechanisms. It takes time and effort to adjust to a new way of life. With the right support and tools, you can succeed in both your recovery and your career.

Get started on the road to recovery today.

Treatment is an addicted individualʼs best option if they want to recover. Beating an addiction not only requires eliminating the physical dependence, but also addressing the behavioral factors that prevent them from wanting to get better. Simply quitting may not change the psychological aspect of addiction. Some people quit for a while, and then take drugs or alcohol again, only to overdose because they did not detox properly. Recovery involves changing the way the patient feels, thinks, and behaves.