How to Use the FMLA to Go to Addiction Treatment: Your Rights and What to Expect

Substance use disorder isn’t just a personal struggle. It’s a medical issue that affects nearly every aspect of a person’s life, including work, relationships, and physical or mental health. But what happens when your recovery journey needs to start now, and you’re afraid of losing your job if you step away for treatment?

The Family and Medical Leave Act (FMLA) is a federal law that provides certain employees with up to 12 weeks of unpaid, job-protected leave per year for qualifying medical reasons. And yes, addiction treatment can qualify.

In this article, you will learn: 

• How the FMLA can be used for drug or alcohol rehab
• What are your rights?
• What steps should you take to protect both your recovery and your employment?

What Is the Family and Medical Leave Act (FMLA)?

The FMLA is a federal law passed in 1993 that allows eligible employees to take unpaid leave for serious personal or family health conditions, without the risk of losing their job or health insurance. A “serious health condition” under the FMLA includes many chronic or acute physical and mental health conditions, including substance use disorder and alcohol addiction.

According to the U.S. Department of Labor, the law applies to:[1]

• Public agencies (federal, state, and local employers),
• Public and private elementary and secondary schools, and
• Private-sector employers with 50 or more employees within 75 miles.
  

Employees must meet certain criteria to be eligible for FMLA:

• You must have worked for your employer for at least 12 months,
• You must have worked at least 1,250 hours during the 12 months before the leave starts.
  Your employer must be covered.

Is Addiction Considered a Serious Health Condition Under FMLA?

Yes. Both drug addiction and alcohol abuse are legally recognized as serious health conditions when a healthcare provider believes you need inpatient care or ongoing treatment. This means that seeking treatment for substance abuse, whether it’s inpatient treatment, outpatient therapy, or participation in a rehab program, may be protected under the FMLA regulations.

According to the Substance Abuse and Mental Health Services Administration (SAMHSA), 48.5 million people struggled with a substance use disorder in 2023.[2]

So if you or a loved one is struggling, you’re not alone—and you have legal protection to get the help you need.

What Types of Addiction Treatment Are Covered?

The FMLA covers medical leave when the employee is seeking addiction treatment that involves continuing treatment by or under the supervision of a healthcare provider. This may include:

• Drug and alcohol rehab centers
• Inpatient care for detox or mental health stabilization
• Outpatient treatment programs
• Medication-assisted treatment (MAT)
• Behavioral therapy and counseling sessions

However, simply missing work because of drug or alcohol use is not protected under the FMLA. You need to have a plan for treatment to be protected by this law.

How to Request FMLA Leave for Addiction Treatment

The process for requesting FMLA leave is fairly straightforward, but it must be done carefully. You should take the following steps if you are planning to use FMLA:

1. Talk to Your Healthcare Provider

You’ll need medical certification that documents your health condition and the need for treatment. Your healthcare provider should include:

• Diagnosis of your substance use disorder or related physical or mental condition
• A treatment plan
• Dates and duration of inpatient care or other services

2. Notify Your Employer

You don’t have to disclose the exact nature of your condition (i.e., “I have a drug addiction”), but you do need to provide enough information to show that the leave is for a serious health condition. Most employers have a process for requesting leave under the Family and Medical Leave Act. For example, the process usually begins through HR or an employee assistance program (EAP).

3. Submit Certification Within 15 Days

Under FMLA regulations, you must return a completed medical certification form to your employer within 15 calendar days, unless you have a valid reason for delay.

Can Your Employer Deny FMLA for Addiction Treatment?

Yes—but only under certain conditions. An employer can deny FMLA leave if:

• You are not eligible under FMLA requirements (length of employment, hours worked, etc.),
• Your employer is not a covered employer,
• You fail to provide proper medical documentation,
• You are not receiving treatment from a healthcare provider or addiction treatment center.

However, an employer cannot deny FMLA leave in a non-discriminatory manner simply because the condition involves substance abuse issues. FMLA does not excuse job performance issues caused by substance use before treatment is sought, but it does protect your job once you seek proper treatment.

Does FMLA Protect You From Getting Fired?

While the FMLA offers job-protected leave, it does not protect against job termination that is unrelated to your request for leave. For example:

• If you violate a company’s drug-free workplace policy before taking leave, you could still face disciplinary action.
• If you’re already on a performance improvement plan, FMLA does not shield you from consequences unrelated to your leave.

But once you’re presently taking FMLA leave for approved medical reasons, your employer must restore you to your previous job—or an equivalent role with the same pay and health benefits—upon your return.

What Happens to Your Pay and Benefits During FMLA Leave?

FMLA leave is unpaid by default. However, you may use accrued paid leave (sick days, vacation time, etc.) during your absence.

Your employer must continue your group health insurance under the same terms as if you were working. That means if you’re contributing to your health insurance premiums while on FMLA, you’ll need to make those payments to keep coverage active.

Does FMLA Cover a Family Member’s Addiction Treatment?

Yes. You may take FMLA leave to care for an immediate family member (spouse, parent, or child) who is receiving treatment for substance abuse.

For example, an employee can request FMLA leave to admit their seriously ill spouse into alcohol rehab. You can also take FMLA to care for a child undergoing drug treatment.

Can You Be Drug Tested While on FMLA Leave?

Possibly. If your workplace has a drug testing policy or is a drug-free employer, you may be subject to a random drug test upon return to work. It is important to note that a failed test after treatment could complicate your job status, especially if treatment was ineffective or not completed.

Remember, the FMLA protects your right to receive proper treatment. It does not allow you to take advantage of your job by using drugs or alcohol and failing drug tests. 

How FMLA Differs from the ADA

While the Americans with Disabilities Act (ADA) also protects individuals with substance use issues, it focuses more on reasonable accommodation and non-discrimination, rather than medical leave. The ADA may apply if your drug and alcohol addiction is considered a disability and you’re seeking adjustments in the workplace.

In some cases, you may qualify for both FMLA leave and ADA accommodations, but they are legally distinct tools.

Get Connected to a Top-Rated Addiction Treatment Program

No one should have to choose between keeping their job and getting healthy. The Family and Medical Leave Act provides a vital bridge for employees seeking addiction treatment to step away from work, focus on recovery, and return stronger, with their job status and health benefits intact.

If you are looking for an addiction treatment center that can work with your FMLA status, you’ve come to the right place. At Blue Star Recovery, we offer substance use treatment for professionals who are hoping to return to their careers once treatment is completed. Contact us today for more information on our program. 

Frequently Asked Questions (FAQ)

1. Can I use FMLA leave more than once for addiction treatment?

Yes, as long as you have not exhausted your 12 weeks of FMLA leave within the 12 months. If you relapse or require additional rounds of treatment later in the year, and you have FMLA time remaining, you may take leave again with proper documentation from a healthcare provider. If your employer uses a rolling 12-month period, your available leave may vary based on the timing of previous leave.

2. Does FMLA leave for addiction treatment affect my eligibility for unemployment benefits?

FMLA is job-protected leave, not job separation. If you’re still employed but on FMLA, you’re typically not eligible for unemployment, since you’re still considered employed and unavailable for full-time work. However, if your employment ends (e.g., due to company downsizing), state-specific unemployment rules will apply.

3. Can I attend outpatient treatment in the evenings and still use FMLA during the day?

Only if your treatment schedule significantly interferes with your ability to work during standard hours. FMLA is not intended to cover convenience or after-hours care. However, if your physical or mental condition resulting from substance use disorder makes daytime work impossible, even with evening treatment, you may still qualify, pending documentation.

4. Is my FMLA leave for addiction treatment confidential from coworkers or managers?

Yes. Your employer is legally obligated to treat employee medical information as confidential. They can’t disclose the medical reason for your leave to colleagues or even to your direct supervisor unless there’s a business necessity or consent. They may say you’re “on medical leave” without specifying the reason.

5. What if my rehab facility isn’t licensed or doesn’t have a medical staff?

To qualify for FMLA, your treatment must be provided by or under the supervision of a licensed healthcare provider. If your rehab or support program does not meet these standards—such as unlicensed wellness retreats or peer-led meetings alone—it may not count under FMLA. Always verify the program’s accreditation and medical oversight beforehand.

6. Can I transition from FMLA leave to short-term disability if my treatment takes longer than 12 weeks?

Possibly. Many employers offer short-term disability insurance that covers conditions beyond the FMLA’s 12-week limit. Eligibility and benefits vary by policy. If your substance abuse treatment continues beyond the FMLA window and you’re still unable to perform the essential functions of your job, short-term disability may be a bridge option, especially for inpatient care or mental health stabilization.

References:

1. U.S. Department of Labor: Family and Medical Leave Act.
2. The Substance Abuse and Mental Health Services Administration (SAMHSA): Highlights for the 2023 National Survey on Drug Use and Health