Can I Use The Family And Medical Leave Act (fmla) To Go To Rehab

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Can I Use the Family and Medical Leave Act (FMLA) to Go to Rehab?

The journey to recovery from addiction can be a challenging one, and seeking help is a courageous step. Unfortunately, some people feel as though they can’t go to rehab because they fear that if they do, they may lose their jobs.

Many individuals struggling with substance abuse wonder about their rights and options when it comes to taking time off work to attend addiction treatment programs. The Family and Medical Leave Act (FMLA) is a federal law that provides job protection and unpaid leave for certain medical and family-related reasons–including substance abuse and mental health disorders.

Before you can use the FMLA to go to rehab, you must meet certain eligibility requirements. It’s also important to note that the FMLA does not guarantee paid leave–it simply provides unpaid time off for certain medical conditions. Still, taking family and medical leave can be a great solution for people who need rehab, but don’t want to give up their job.

What is the Family and Medical Leave Act (FMLA)?

The Family and Medical Leave Act is a federal law enacted in 1993 by the Bill Clinton Administration that allows eligible employees to take unpaid leave from their jobs for specific family and medical reasons without the fear of losing their job or health insurance coverage. The FMLA was designed to balance the demands of the workplace with the needs of employees during critical times in their lives. While it provides certain protections, it’s important to note that FMLA leave is generally unpaid, meaning you won’t receive your regular salary during your time off. However, you will continue to receive employer-provided health benefits that you may need to pay for your treatment.

What are the Eligibility Requirements for the FMLA?

To take advantage of using the FMLA to check into a drug and alcohol rehab center, you must meet certain eligibility criteria:

  • You are employed by a covered employer – The FMLA applies to covered employers only. This includes private-sector employers with 50 or more employees within a 75-mile radius, as well as public agencies and public or private elementary or secondary schools.
  • You have been employed for at least 12 months – You must have worked for your employer for at least 12 months. However, these 12 months don’t have to be consecutive, and you must have worked at least 1,250 hours during the 12-month period immediately preceding your requested leave.
  • You or a loved one have a qualifying health condition – To use FMLA for rehab, your substance abuse issue must qualify as a serious health condition under the FMLA. Substance abuse or addiction can be considered a serious health condition, especially when it leads to hospitalization, treatment, or incapacity.
  • You obtain certification from a healthcare provider – Employers may require you to provide certification from a healthcare provider to verify the need for FMLA leave. This certification may include information about the nature and duration of your treatment.

How to Use the FMLA to Go to Rehab

If you meet the eligibility criteria listed above and your substance abuse issue qualifies as a serious health condition, you can request family and medical leave to attend an addiction treatment program. Here’s how the FMLA process typically works:

  1. Inform your employer – First, you should inform your employer of your intention to take FMLA leave for rehab as soon as possible. Your employer may have specific procedures in place for requesting FMLA leave, so it’s crucial to understand your employer’s specific requirements and follow them closely.
  2. Obtain medical certification – Provide your employer with the necessary medical certification from a healthcare provider, which outlines the need for treatment and the expected duration of treatment.
  3. Take leave – FMLA allows eligible employees to take up to 12 weeks of unpaid leave during a 12-month period. You can go to rehab for up to 12 weeks without the risk of losing your job.  If you’ve used FMLA leave for other reasons during the same 12-month period, you may have limited leave available for rehab.
  4. Return to work – After completing your rehab program, you are entitled to return to the same or an equivalent position with your employer. Your employer cannot discriminate against you for having taken FMLA leave.

While you are taking time off work under the FMLA, your job is protected, meaning your employer cannot terminate you or retaliate against you for taking this leave. However, your employer is not required to pay your salary during this time. They are, however, required to maintain your health insurance benefits during your leave, ensuring you continue to have coverage for your medical needs.

Although you may need to disclose some information about your condition to your employer to request FMLA leave, your employer is required to maintain confidentiality and protect your privacy.

Get Addiction Help Now

At Flourishing Foundations Recovery, we understand how important it is to get the help you need while maintaining your career. That’s why we offer a number of flexible outpatient detox programs that can help you overcome your challenges without having to sacrifice your job. Whether you qualify for the FMLA or not, our talented admissions counselors can help you choose the right program for you and work around your schedule, as needed.

To learn more about our San Antonio addiction treatment programs or to get started with a confidential, risk-free assessment, please contact us today.