How to Go to Rehab and Still Keep Your Job

 Understanding Your Rights and Options

If you are an employee who has a substance use disorder, and you are ready to get help, you may be wondering how to go to rehab and still keep your job. According to laws in the US, addiction to substances like drugs or alcohol is a legitimate medical issue, and is considered a disability under the Americans with Disabilities Act, the Affordable Care Act, and the Rehabilitation Act. This means that your workplace must treat rehab the same way it would for the treatment of any mental health disorder. 

Two important acts in place to protect your rights are:

FMLA 

FMLA (the Family and Medical Leave Act) is a federal law allowing individuals who qualify (and work in a qualifying workplace) to take unpaid leave, with continued health care coverage, for certain medical or family reasons. Under this act, if referred to addiction treatment by a health care provider, employees can:

• Take 12 work weeks of leave within 12 months to get treatment without fear of losing their job
• Continue receiving the same group health benefits under the same conditions as though they had not taken leave
• Rest assured that they will receive the same or nearly identical position at work when the leave period ends

This act ensures employers cannot act against employees on FMLA leave, including firing them, eliminating their position, or acting in a discriminatory manner when they return. 

ADA

ADA (the Americans with Disabilities Act) is in place to protect the civil rights of Americans who have disabilities, including mental health disorders like addiction. This means that employers may not discriminate against a person who has a history of addiction, giving those who have undergone treatment the same opportunities and assurances that anybody else would receive.

 Qualified individuals under ADA guidelines include those who have completed a drug rehab program and are no longer using drugs, those who are currently in rehab and are not using drugs anymore, and those who have been erroneously labeled as drug users. 

 

 Communicating with Your Employer

The US Department of Labor recommends that you ensure you meet the FMLA eligibility criteria before taking leave, by checking out their fact sheet #280 or calling the Wage and Hour Division’s helpline at 1-866-487-9243. Once you have confirmation that you qualify, you can speak to your employer about taking leave. To take FMLA, you must:

• Give your employer as much notice as possible, indicating your leave is due to an FMLA-qualifying reason.
• Follow your job’s usual call-in policy and leave-request procedures unless unable to do so.
• Provide medical referrals and certification from a healthcare provider (generally required within 15 days) to establish that you are using FMLA for a qualifying health condition
• Update your employer if your FMLA needs to change over time.

Your employer will tell you:

• Whether you are qualified for FMLA leave, within 5 business days of your first leave request
• Your rights and responsibilities, including the right to return to your job at the end of your leave request
• Whether your leave will be designated as FMLA leave, once they have all the information they need to make this determination

 Exploring Rehab Options That Fit Your Work Schedule

There are different rehab program options you can choose from, depending on your unique needs. Inpatient programs may be right for individuals with chronic substance use disorders, who need additional mental health care, those who need specialized treatments, and those who have experienced a relapse in the past. For others, a part-time outpatient program may work better, especially if they don’t qualify for leave, or have life conditions that require them to continue living at home during treatment. 

WhiteSands offers a variety of outpatient plans, including partial hospitalization programs and intensive outpatient treatment plans that can be tailored to suit your unique situation. Our treatment experts will help assess your needs and collaborate with you to create the right plan for you. 

 Navigating Insurance and Financial Considerations

Because FMLA leave is unpaid, you may have additional insurance and financial considerations to take into account when figuring out how to go to rehab and still keep your job. You may want to ask your employer about paid leave options, like available vacation, paid time off (PTO), or sick days that you can use first. In some cases, you may be required to use your paid time off first. 

You may also want to find out whether you will have to continue contributing to the cost of your health insurance premiums while away on leave to receive continued insurance coverage. This will keep your insurance in good standing while you’re in rehab. 

 Planning for Your Absence at Work

When getting ready to take an FMLA leave, the first order of business is to let your boss know and provide sufficient information, like medical documents as soon as possible, as they will need to delegate your usual tasks or hire somebody as a temporary replacement. 

If you work in a specialized department, it can be helpful to create a list of your usual work duties and responsibilities and identify which colleagues might be able to take over. You may also want to let your usual vendors or clients know you’ll be away. Of course, none of this is mandatory, especially if your transition into rehab is quick. 

 Stigma and Confidentiality in the Workplace

Something that many people worry about when returning to work after rehab is facing stigma, gossip, or discrimination in the workplace. There should be no cause to worry, as the FMLA guidelines require employers to keep your medical information private. They are not allowed to disclose the reason for your leave to other workers, nor can they discriminate against you once you return. They must keep your records confidential, in files separate from your other workplace files. If your workplace fails to comply with these rules, they face serious consequences, including legal action. 

 Transitioning Back to Work After Rehab

When you return to work after rehab, your employer must return you to the same job you left, or one that is nearly identical, with similar duties, status, responsibility, schedule, and pay. This, along with an ongoing outpatient rehab program, provides you an excellent opportunity to return to your normal life as seamlessly as possible, with strong support on a flexible timetable, to suit your schedule. 

 Why Choose WhiteSands Treatment for Rehab?

WhiteSands offers inpatient and outpatient care that can be customized to suit your unique situation, treating the underlying causes of addiction, along with co-occurring mental health disorders, and addressing other issues including behavioral, social, and practical problems you may be facing while in treatment and afterward. 

Our inpatient facility is luxurious and comfortable, with welcoming, knowledgeable staff and helpful licensed therapists, counselors, doctors, and nurses. You can take your FMLA leave, and come to our treatment center for 30 to 90 days, accessing full-time care, day and night. 

Once you are ready to return home and go back to work, the WhiteSands outpatient rehab options will be there for you, with ongoing therapy, medical care, peer support, and further recovery resources, so you always have a place to turn. You will never be alone on your recovery journey. 

To learn more about the individualized programs WhiteSands offers, including detox and inpatient and outpatient programs, please call us at 877-855-3470. An expert counselor will answer and help you figure out your next step.

If you or a loved one needs help with abuse and/or treatment, please call the WhiteSands Treatment at (877) 855-3470. Our addiction specialists can assess your recovery needs and help you get the addiction treatment that provides the best chance for your long-term recovery.