Can I Lose My Job For Going to Substance Abuse Treatment?

Drug and alcohol misuse can change the course of a person’s life. These complex conditions can harm a person’s mental and physical health. They may strain relationships, work, and other aspects of daily life. 

Very few people living with substance use disorder (SUD) get treatment to overcome it. Some research suggests that more than 90% of those living with SUD never get help. 

Many things may prevent people from seeking treatment, including a worry that they will get fired for going to treatment. About 70% of people with SUD work, so this can be a significant consideration for many.

So, can you lose your job for going to SUD treatment?

This article will explore the answer to that question. You will learn:

• What laws protect your employment during SUD treatment
• The steps you can take to protect your employment during treatment
• Where to find comprehensive SUD treatment and recovery support

If you or someone you love needs SUD treatment or recovery support, you are not alone. Find the programs and resources you need to address substance use disorder at Blue Star Recovery. Contact our intake specialists to explore our programs or to schedule your first appointment. 

Can You Lose Your Job For Going To Treatment?

Substance misuse can impact your health, relationships, job performance, and other aspects of your life. Long periods of drug or alcohol misuse can cause changes in the brain and body. These changes make it very challenging to quit using these substances. 

Most people with SUD require treatment, education, and ongoing support to overcome it. However, many people may not seek help out of fear that they will be fired for taking time away from work to attend treatment. 

However, several federal laws protect employment during treatment. People may be able to take a leave of absence to attend:

• Medical detox programs
• Inpatient or residential treatment programs
• Partial hospitalization programs (PHP)
• Intensive outpatient programs (IOP)
• Outpatient mental health and SUD treatment programs

Attending treatment allows people to get the help they need to address SUD before returning to work. Understanding the legal protections in place may help people feel more confident when taking a leave of absence for SUD treatment. 

What Laws Protect Employment During SUD Treatment?

Several federal laws protect your employment while you attend SUD treatment programs. Here is a quick overview of these laws. Contact the Blue Star Recovery specialists to learn more. 

The Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) protects employment for up to 12 weeks while you receive treatment for mental health and medical conditions, including SUD.. 

You must meet specific criteria to qualify for a leave of absence under FMLA. These include:

• Your company must have at least 50 employees.
• You must have worked for the company for at least 12 consecutive months and at least 1250 hours before requesting a leave of absence to attend a treatment program.
• You must attend an evidence-based treatment program during your leave.

If you qualify for FMLA, you may take up to 12 weeks of unpaid leave to attend substance use disorder treatment. 

Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) prohibits employers from discriminating against or firing employees with substance use disorder (SUD). The ADA requires employers to allow employees to make reasonable changes to their work schedule to accommodate drug testing, medical appointments, and other treatment activities.

Health Insurance Portability and Accountability Act (HIPAA)

The Health Insurance Portability and Accountability Act (HIPAA) protects the privacy of an employee’s medical records. It prohibits employers and others from accessing your medical information without your explicit consent. 

It is essential to know and understand the laws protecting your employment. Contact the Blue Star Recovery specialists to learn more about these laws or to explore our programs.  

What Steps Should I Take to Keep My Job During SUD Treatment?

There are several steps you can take to protect your employment while seeking SUD treatment. These include:

• Undergo a substance use evaluation to receive a formal diagnosis of SUD
• Find a treatment facility that offers the type and levels of care you require
• Researching FMLA, ADA, and HIPAA to determine if you meet the criteria for a leave of absence for treatment
• Contact your human resources (HR) representative to discuss taking a leave of absence for treatment
• Communicate with your employer about when you plan to return to work
• Stay in touch with your employer about changes to your schedule or return-to-work plan

Your employer may provide additional resources to facilitate your return to work, including access to an employee assistance program (EAP). Contact the Blue Star Recovery specialists for extra support, resources, or guidance.

Find Substance Use Disorder Treatment

If you or a loved one needs to take a leave from work to attend SUD treatment, you are not alone. Find support, resources, and treatment programs at Blue Star Recovery. Contact our treatment specialists to learn about our programs or to schedule an intake appointment. 

References:

1. American Medical Association (AMA): 90% who need substance-use disorder treatment don’t get it
2. Centers for Disease Control and Prevention (CDC): Workplace Supported Recovery: New NIOSH Research Addresses an Evolving Crisis
3. U.S. Department of Labor: Family and Medical Leave Act
4. U.S. Commission on Civil Rights: Substance Abuse under the ADA
5. U.S. Department of Health and Human Services: HIPAA and Part 2