What to expect when taking leave from work for rehab

Rehab is considered your legal medical right. That’s so much the case that substance use disorder is classified as a temporary disability under the Affordable Care Act. This means that you qualify for temporary disability rights, including options to take off work, receive care, and go to rehab for as long as you need.

In fact, even if your boss knows you’re going to rehab, they can’t fire you. You’re legally allowed to put in a request to your boss for assistance finding a rehab program, getting financial support, and to use any recovery programs and aftercare programs available through your workplace. Further, if your boss employes more than about 50 people, they’re actually legally required to have these programs in place.

• Your boss cannot fire you for going to rehab;
• You can use sick leave to go to rehab;
• Employee-assistance programs may be available to provide additional financial assistance;
• Your employer’s insurance is legally required to cover at least part of your substance abuse treatment, providing it’s with an approved provider (Compassion Recovery is In Network with all major insurance providers);
• If you’re part of a union, you may be able to get additional support and resources.

Because substance use disorder is considered a temporary disability, your boss isn’t allowed to discriminate against you in any way. That means they can’t fire you, they can’t reduce your responsibilities, they can’t demote you, they can’t deny you a promotion, etc. That’s important, because if they do discriminate against you because of going to rehab or because of a substance use disorder, you have significant legal protection on your side.

If you detox first, you have a legal right to:

• Up to 12 weeks of unpaid medical leave under the Family Leave and Medical Act (providing your employer has 50+ employees and you’ve been employed for 1 year or longer);
• ADA assistance and temporary disability under the Americans with Disabilities Act.

However, you do not have legal right to ADA assistance if you’re still using, which means you should go through a detox program before applying.

You’re not legally obligated to tell anyone at work why you’re taking medical leave. That means you can maintain your privacy and refuse to tell your boss or anyone at work what you are taking medical leave for. In fact, the Family and Medical Leave Act also allows you to take unpaid medical leave to take care of a family member or relative in an emergency. All you have to do is get a note from your doctor stating that this qualifies, and your boss is legally required to accept it, providing you’ve been working with the company for a year or longer and the company employs 50 or more people. You’ll also want to make sure you’ve worked a minimum of 1,250 hours over the last 12 months.

• Disclose as much as you want to;
• You don’t have to answer questions about what you’re doing, where, or why. Just for how long, when you’ll be back, and that it is medically necessary;
• You don’t have to disclose whether your medical leave is for you or a close family member;
• Your employer is not legally allowed to ask about why you’re taking medical leave. If they do, you can remind them that is in breach of law.

It’s also important to keep in mind that sharing about your rehab can mean that you get more support and more resources. For example, your workplace can provide additional financial support. Under the Americans with Disabilities Act, your workplace is also required to:

• Make accommodations for you to seek out treatment;
• Allow you to leave work early for ongoing care;
• Provide financial support for substance use recovery treatment.

You may also have access to programs including counseling, therapy, and recovery programs initiated by your workplace. In fact, the larger your workplace, the more likely it is that those resources are available for you if you disclose to HR. What’s more, you can share about rehab and substance use disorders with HR and not with your team and direct team lead. It’s up to you who you share to and how you disclose.

If you’re ready to go to rehab, your job shouldn’t hold you back. You also don’t have to use your vacation hours to go. Instead, use your Family and Medical Leave, which allows up to 3 months of unpaid medical leave providing you:

• Work for a company with 50+ employees;
• Have worked 1,250+ hours over the last year;
• Have been employed for 1+ years.

This means you can take up to 3 months off work. You will lose pay. However, you can apply for temporary disability, providing you’re in a recognized detox program and are not a current substance abuser. You can then supplement your income with an application for temporary disability. However, states vary in willingness and ability to pay out temporary disability, so it’s a good idea to check this in advance to ensure that you qualify.

It’s important to keep in mind that you are legally protected if you go to rehab. Your boss cannot fire you because you have a substance use disorder and are getting treatment. However, especially in very conservative workplaces, you might face pushback in other ways. For example, your boss might look for evidence that substance use disorder has affected your conduct. If you have conduct related issues, it could negatively impact your work and your boss may actually fire you for it – though not while you are on disability leave for rehab.

For example, if your contract requires that you behave in ways that represent the company professionally, even during your spare time, you might lose your job over having a DUI or having been arrested. People in professional occupations like lawyers are especially prone to these kinds of contract issues.

You’ll also want to consider:

• Times you were late to work;
• How much work you’ve missed;
• Any inappropriate behavior towards coworkers or clients;
• Accidents or ignoring safety precautions;
• Information handling;
• Any theft or misuse of company resources;
• Drinking or using on the job.

If you think that any of those issues could come up, then it might be a good idea to not disclose the reason for leave to your boss. This means you’re taking anonymous medical leave with your doctor validating that it is medically necessary but without disclosing what it’s for. If there’s concrete proof of these kinds of issues and your boss can find them by digging, you’ll want to take steps to avoid having your boss look into those issues.