August 29, 2022
Treatment or career? You don’t have to choose. Read this article to know how to go to rehab and keep your job.
Struggling with addiction while working significantly impacts your performance. Because you prioritize taking the substance, you might miss work days, show up late, and even get fired.
Rehab is a vital part of an addict’s recovery. Unfortunately, many hesitate to get the help they need because they think it will get in the way of their responsibilities. But if you go by without addressing your addiction, you can’t break the cycle.
Rehab requires a significant amount of time, but it is possible to continue with everyday life. To know how to go to rehab and keep your job, here are three acts that allow you to do so: The Family and Medical Leave Act, The Americans with Disabilities Act, and The Rehabilitation Act of 1973.
Many wonder if they can seek addiction treatment while still being able to work. The answer, in most cases, is yes. One of the biggest reasons you can is because rehab is covered under FMLA or the Family and Medical Leave Act.
With FMLA, you have several options for how to take time off for rehab. This act gives employees up to 12 weeks of unpaid leave over 12 months for certain qualifying conditions. One reason would be a severe health condition that renders an employee unable to perform their job functions.
However, if you miss work because of substance use and not for treatment, you don’t qualify for leave. As it says on the Department of Labor’s website, “FMLA leave may only be taken for substance abuse treatment provided by a health care provider or by a provider of health care services on referral by a health care provider. Absence because of the employee’s use of the substance, rather than for treatment, does not qualify for FMLA leave.”
Moreover, this act doesn't always protect you from legal action. Your employer cannot discriminate against you for taking an FMLA leave. But they can terminate your employment if they have a substance abuse policy applied in a non-discriminatory manner and includes a provision on enrolling in treatment.
FMLA protects your job for up to 12 weeks for treatment, while the ADA or the Americans with Disabilities Act protects you from being disciplined or fired for seeking treatment.
The ADA binds employers with at least 15 employees. Under this act, employers should provide reasonable accommodations to employees with disabilities. Addiction or a substance use disorder that limits a major life activity is considered a disability.
Reasonable accommodation for someone recovering from addiction can include a work schedule that can allow you time to seek treatment.
In addition to that, the ADA protects employees by prohibiting employers from discriminating, firing, and refusing to hire potential employees based on their disabilities.
Similar to FMLA, this act does not protect you if you’re currently using drugs, and it affects your performance. But you may be protected if you’ve gone to rehab or are currently undergoing rehab and you’re not using drugs.
However, the word “current” may be tricky to define. There are some cases when employees have been sober for weeks or months but are still considered “currently” using. As a result, they were terminated.
The Rehabilitation Act of 1973, or the Rehab Act, focuses on people on a federal level. The Rehab Act is a federal law that prohibits federal agencies, federal contractors, or programs receiving federal funds from discriminating against employees with disabilities, which includes recovering addicts.
When comparing ADA and the Rehab Act, the prior is broader. ADA applies to employees in public services and places of public accommodation.
Aside from the scope, the two acts are generally the same. Both protect employees with mental and physical conditions that significantly limits major life activities and hinders them from performing essential functions in their job without reasonable accommodation.
If you enroll in an inpatient program, it’s likely that many of your responsibilities will be put on hold. But if you opt for an outpatient program, you’ll still be able to get treated and continue living a relatively normal life.
To practice your drug addiction employee rights under the acts mentioned above, your boss should be in the loop. They can help you through the process, modify your schedule, or get a temp to cover you while you’re in rehab.
Having a solid support system is a vital part of recovery. Family and friends who love you can help you through withdrawal, check on you when needed, and push you forward.
More than that, they can hold down the fort while you’re away. If you have kids or pets, you can arrange for friends or family to care for them. This is important for both inpatients and outpatients.
You’re going to rehab, not a vacation. So, just pack what you need. This tip is not just about saving space or avoiding overpacking. It’s about leaving behind what you don’t need, especially those that may trigger a relapse.
Essentials include:
Substance addiction and alcoholism are challenging situations to go through. Continuing to struggle with it significantly impacts all aspects of your life. Sadly, many decide not to get treatment because they believe it prevents them from going to work.
But the fact is not going to rehab is even more detrimental to your career. If you keep using, you’ll keep showing up to work late, you’ll keep missing work days, then eventually, you’ll get fired.
You can break the cycle. With the help of the information above, hopefully, you’ll know how to go to rehab and keep your job.
Are you in need of alcohol & substance abuse counseling? Start your healing and turn to Another Chance Drug & Alcohol Rehab Center of Portland/
Disclaimer: This post serves a strictly educational use. It does not reflect the services, products, or therapeutic approaches of this establishment or its healthcare practitioners. This blog aims not to advertise the products, services, or therapeutic approaches of any other establishment that may be associated with this site. On the subject of safe or legal services, products, and appropriate therapies, recommendations ought to be given by a qualified professional on a case-to-case basis.
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