Can I Keep My Job If I Go To Rehab?

Oftentimes, people with drug or alcohol addictions are just as concerned about the consequences of going to rehab as they are about the consequences of addiction itself. But, if you are experiencing a pattern of harmful, ongoing drug or alcohol abuse, the most important thing you can do for yourself is to get the care and support you need to recover and live a substance-free lifestyle.

“But will I lose my job if I go to rehab?”

In most cases, no. Under U.S. labor laws, your job may be protected while you participate in a recovery program, including both inpatient recovery and long-term outpatient recovery programs. However, in order to receive these important protections, you will need to follow certain steps and be aware of key requirements and limitations. 

Here at Ohio Recovery Center, our case managers can guide you through the process of keeping your job while receiving treatment, such as by helping you determine which path(s) to take and providing and reviewing the appropriate paperwork.

Disclosing An SUD To Your Employer

You are not necessarily required to voluntarily disclose medical conditions to your employer if you don’t wish to. That being said, there are some very good reasons why you may wish to formally disclose a substance use disorder (SUD) with your employer’s human resources department, especially after you have been diagnosed and progressed in your recovery.

Reasons to consider disclosing your SUD to your employer include the following:

• SUDs are, with some important limitations, classified as a form of protected disability, so disclosing them affords you a variety of protections, which will be discussed in this blog.
• Your employer is required to maintain your privacy by not sharing details about your medical history or other conditions except in very limited circumstances.
• Disclosing your condition may allow your employer to step up and help you through an employee assistance program (EAP) or in other ways.

Keep in mind that most employers value their employees not only for the skills and experience they bring to the team, but also as people. Your employer may be more than happy to accommodate your needs and help you become the healthiest and best possible version of yourself. 

Your Rights Under The Americans With Disabilities Act (ADA)

The ADA is a historic piece of civil rights legislation originally ratified in 1990. It has a sweeping scope, establishing that people who have disabilities cannot be discriminated against regarding access to areas of everyday life ranging from employment to transportation, public spaces, communications, and state and local government services.

The ADA also establishes that SUDs are a form of disability and that employers cannot discriminate against employees based on their history of substance abuse and addiction. However, it is very important to note what qualifies as a protected SUD under U.S. law.

An SUD only qualifies as a protected form of disability if it involves:

• current or prior alcohol abuse (“alcoholism”)
• current or prior prescription drug use/dependence (if prescribed and used legally)
• prior but not current illicit drug use (including abuse of prescription drugs like oxycodone and use of illicit substances like heroin)

In other words, the ADA can only protect an employee who is already progressing in recovery from illicit drug use, or who has an SUD involving the use of a legal substance. The ADA also goes on to specify that employers are permitted to impose drug tests on their employees, to enforce a drug-free workplace, and to fire employees who are using drugs or alcohol in the workplace or whose behavior or performance is unacceptable or hazardous to others. 

Other employee protections established by the ADA include:

• requiring employers to make “reasonable accommodations” to assist employees with qualifying SUDs (e.g., modifying a person’s work schedule so he or she can attend a treatment session or support group, within reason)
• prohibiting employers from asking about drug or alcohol addiction (but not necessarily drug or alcohol use) as part of the job selection process
• requiring employers to treat any information about a person’s legal drug use (often revealed by drug testing) or history of SUD as confidential medical information

Your Rights Under The Family And Medical Leave Act (FMLA)

Under the FMLA, originally ratified in 1993, eligible employees are able to take unpaid, job-protected leaves of absence for specified family and medical reasons without impacting their employer-sponsored health insurance coverage or other protected benefits. This entitles workers to up to 12 total work weeks of FMLA leave in a 12-month period, which can be claimed for family- or medical-related events such as childbirth, adoption, serious illness, and substance abuse treatment. 

The FMLA extends protections to U.S. workers who:

• work for a covered employer (private employers with at least 50 employees, public agencies, or schools) for at least 12 months
• have at least 1,250 hours of service with their employer in the 12 months 
• work in a location where the employer has at least 50 employees within 75 miles

To take FMLA leave, if you qualify for it, you need to notify your employer, provide a certification from a qualified medical provider if asked, and receive confirmation that your leave has been approved, entitling you to workplace FMLA protections while you are absent. 

Other Protective Rights For Workers With Addiction

Workers with a history of substance abuse and addiction may also have other rights in the workplace.

These include rights established by the following:

• the Health Insurance Portability and Accountability Act (HIPAA), which mandates that healthcare providers, including rehab centers and mental health treatment professionals, ensure the privacy and security of all medical records
• the Rehabilitation Act 1973, which prohibits discrimination on the basis of a person’s disability by programs receiving federal funds
• the Affordable Care Act (ACA/“Obamacare”), which requires health insurance companies to cover behavioral healthcare and mental healthcare, including recovery programs, as essential benefits

Employee Assistance Programs (EAPs)

Along with the benefits and protections provided on the federal and state levels, many employers themselves also choose to offer employee assistance programs to benefit their workers during difficult periods. 

Depending on your situation, your EAP may give you access to free and confidential mental health assessments, counseling sessions, referrals to substance abuse treatment centers, PTO-leave-sharing pools, and more. 

Conditions Under Which Your Employer May Fire You For Substance Abuse

SUDs are classified as a protected disability, and your employer may not fire you simply because you are in recovery. However, people who have SUDs may still be terminated for a wide variety of reasons related to their condition. 

For instance, your employer can fire you if:

• your attendance, job performance, or behavior drops for any reason, including due to direct or indirect effects of drug or alcohol abuse 
• you violate a company policy, including failing a drug test, keeping drugs or alcohol on company property, receiving an on-the-clock DUI, or admitting to being under the influence while at work
• you go to rehab without making the proper arrangements, causing you to be absent from your position

In these situations, employers are permitted to discipline employees in various ways including job termination, so long as their rules and consequences are applied fairly to all employees without favoritism. And, if an employee does receive a DUI or fail a drug test, quickly enrolling in an inpatient treatment program will not legally qualify as “being in recovery,” meaning that the employee will not be eligible for ADA protections. 

The sooner you admit that you have a problem and get your recovery started, the more protected you, your work, and your lifestyle as a whole will be. 

Working During Treatment

Whether or not you will be able to work during rehab depends on the particular type of treatment you are receiving, and whether your employer can reasonably accommodate your needs. 

If you are attending an inpatient/residential treatment program, you should not expect to be able to work or even necessarily be able to communicate with your coworkers or check email. Inpatient rehab is a highly structured process, and it requires total focus and commitment, with very minimal outside distractions. Electronic devices are usually surrendered at the door, and phone calls are generally reserved for family members. 

Outpatient treatment programs may be a different matter. While partial hospitalization programs (PHPs) and intensive outpatient treatment programs (IOPs) are generally quite time-intensive, leaving few hours and little energy for work, regular outpatient treatment programs can quite easily fit into a work schedule. In fact, outpatient treatment programs are often specifically recommended for people who have a busy working life but who still need regular professional support and guidance in recovery, especially after they have completed a short-term inpatient treatment program. Sessions may be offered in the evening or on weekends as well. 

Addiction Treatment And Recovery Support At ORC

At Ohio Recovery Center, we understand that addiction recovery can be challenging. And we understand how intimidating the process can seem. But recovery is the rule, not the exception, and together we can help you develop your own unique, personalized recovery plan, establishing goals that will take you from today all the way to your future recovery. 

Each client at ORC is assigned a licensed case manager, who can help with a wide range of support needs related to long-term recovery, including employment needs, such as retaining your job during treatment, education needs, legal needs, and more.

We offer leading addiction treatment services in a modern, comfortable residential environment, with all our services provided by qualified and experienced addiction professionals.  

SUD recovery services we are proud to provide include:

• medical detoxification
• dual diagnosis treatment for co-occurring mental health disorders
• medication-assisted treatment (MAT)
• individual and group therapy sessions
• family therapy
• peer support groups
• alternative treatment programming
• aftercare coordination

Our 55-acre campus is located in a lushly forested, serene countryside setting conveniently located near major cities, including less than 40 miles from Fort Wayne, IN; just under 100 miles from Dayton and Toledo; and about 125 miles from Columbus.

To learn more about our treatment services and how they can help you or someone you love, please reach out today.