If you’re ready to make the first step to seek help to treat your addiction one of the common questions that pops up is “Can you be dismissed for attending treatment?” The first thing to consider is that substance abuse disorder is regarded as an illness that is medical that includes hypertension and diabetes. So, rehab could be considered to be medical treatment.
Can I lose my job If I Attend Rehab?
There are many safeguards available to ensure your employment should you need to go to rehab, for example:
FMLA (Family and Medical Leave Act)
The FMLA permits employees to take unpaid leave from work for maximum 12 weeks each year. Your employer is required to keep your job till you are able to return. In addition, your employer must continue to provide any group health benefits you have received during your leave.1
So, you are able to leave work to attend rehabilitation without worrying about getting fired. However, you won’t receive any compensation during the time. You are able to take advantage of any vacation time or vacation pay you’ve got to earn income.
You must however, be able to request FMLA time off from your company prior to when you are able to take it. It is not necessary to divulge your alcohol or other substance abuse. You just need to mention that you require medical reasons. Rehabilitation Center in San Diego can also help you by giving your their medical letter that this person is taking treatment from out Rehabilitation Center.
Can I lose my job If I Attend Rehab?
ADA (Americans with Disabilities Act)
The ADA provides a variety of protections to recovering addicts, as long as they don’t use substances when at work. You should also be in a rehab treatment program. In particular the ADA safeguards your employment as your employer can’t dismiss you for attending rehab.2
While these safeguards are put in place, it’s important to be aware that if you’re consuming alcohol or other substances in the workplace and your employer discovers it and they have the right to terminate your job. They can also terminate your employment in the event that your alcohol or substance abuse impacts your work performance.
Can You Attend Rehab and Still Work?
At first, you should consider taking at minimum two weeks off from work. If you don’t want to ask for FMLA or wish to inform your employer that your taking a rehab course, you may take a short-term leave of absence for reason of health or time off for vacation.
You should have a few weeks off work as you’ll need to go through a detox process and this can be difficult to complete if you’re working. Instead, you should be completely focused on the process of detoxing, and avoid any other distractions.
After detoxing and rehabilitation, you can go back to work but still attend rehabilitation by enrolling in Alcohol Treatment Program in San Diego or any city of California. This kind of program allows you to be flexible to work. When you’re not working you’ll either be in rehab or staying at home.
Can I get unemployment benefits while I’m In Rehab?
It’s dependent on whether you’re already getting unemployment insurance or not. You are able to claim unemployment in rehabilitation in the event that you’re getting unemployment payments. You may have to seek out jobs and satisfy other requirements in order to continue receiving benefits.
If you are on medical leave in accordance with the FMLA it is not possible to claim unemployment benefits. You’re still considered to be employed because your employer holds your job until you can return to work. But, you might be eligible to receive assistance in paying for rehabilitation through your participation in the ACA (Affordable Healthcare Act).
One of the essential health benefits to be provided through insurance sponsored by employers or by the Health Insurance Marketplace must include the coverage of substance abuse disorders.3
How can I be protected if I Attend Drug Rehab?
There is no need to worry about the possibility of your employer being aware of your going to rehabilitation. The health insurance company you use and the rehab center you receive treatment from are legally bound by HIPPA and therefore cannot divulge your treatment to your employer without signing the release.4
It may also surprise you to find out that rehab facilities are not able to reveal to your family details regarding your rehab unless you have given them permission. Therefore, if you’ve kept your addiction to drugs from your family and are planning to seek treatment and not let them be aware.
What happens if I get fired for attending Rehab?
There are instances where you may be fired for going into rehabilitation. For instance, if you do not apply for FMLA and you don’t attend work. Your employer may be forced to terminate your employment because you were an “no-call non-show.”
Another reason that could lead to termination is if your employer follows established policies regarding drinking and drug abuse and also has evidence to show that you used drugs during your time “on working.” In this case, they may decide to fire you.
Other than those in the event that you are terminated for attending rehab, you could be able to have grounds to file an claim for wrongful termination. However, you’ll have consult an experienced legal professional.
