Addiction is a huge problem in the United States. According to the National Institutes of Health (NIH), 10% of Americans struggle with a substance use disorder at some point in their lives and 75% of them never receive treatment.[1]
One of the main barriers to addiction recovery is the fear of being fired from your job for attending treatment. While this is a valid fear, there are protections in place to prevent you from losing your job.
If you are wondering whether your boss can fire you for going to rehab in Texas, the short answer is no. However, there are some qualifications you must meet to be granted job protection under the law. Being aware of how these laws work can help lessen your fears about being fired for receiving addiction treatment.
Laws That Protect You From Getting Fired for Going to Rehab in Texas
Two federal laws can prevent you from getting fired for going to rehab in Texas. These laws protect most individuals from losing their job while they take time off to receive addiction treatment. Being aware of how these laws work can help you ensure you have a job to return to after you complete drug and alcohol rehab.
The laws that protect you from getting fired for going to rehab in Texas include:
The Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) is a federal law that ensures you are not wrongfully terminated for taking unpaid leave to receive medical treatment or care for a sick family member. If you meet the qualifications, you are allowed to take up to 12 consecutive weeks of unpaid leave to care for medical or family emergencies.[2] Thankfully, addiction is considered a serious medical condition and is covered under this law.
To use the FMLA, you must:[2]
- Have worked for your employer for 12 months
- Have worked at least 1,250 hours over the past 12 months
- Work at a location that employs 50 or more people within 75 miles
Additionally, the FMLA will protect your job if you are taking leave for:
- The birth of a child or caring for a newborn baby
- Caring for an adoptive child or foster care placement
- Caring for a family member who has a serious medical condition
- Receiving medical treatment for a serious health condition that prevents you from performing the essential duties of your job
Thankfully, the umbrella term “serious health condition” includes substance use disorders and even mental health conditions as long as they require inpatient treatment. This means that your boss cannot fire you for going to rehab in Texas if you use the FMLA for alcohol rehab.
The Americans With Disabilities Act (ADA)
If you do not meet the criteria for the FMLA, there is another law that can prevent you from being fired for going to rehab in Texas. The Americans With Disabilities Act (ADA) is a federal law that prevents employees with disabilities from being discriminated against or fired due to their disability. Under the ADA, substance use disorders are considered a disability, meaning it prevents you from being fired due to your addiction.
While this law prevents you from being fired for attending addiction treatment, it does not protect you if you were using substances on the job. This means an employer can fire you if you were discovered drunk or high at work.[3]
How to Discuss Addiction Treatment With Your Employer
If you are going to use the FMLA or ADA to attend addiction treatment and keep your job, you must notify your employer. This can be a daunting task, as no one wants to admit to their boss that they are struggling with a substance use disorder. Thankfully, there are ways to have this conversation while remaining professional.
When speaking to your employer about taking leave for drug and alcohol rehab, you should:
- Explain to your boss that you have a medical condition that requires inpatient treatment
- Be prepared to provide medical records that prove you are struggling with a serious health condition
- Let your boss know that your job is important to you and that attending treatment will allow you to perform at your highest ability
- Explain that you are covered under the FMLA or ADA if your employer denies time off
- Apologize for any inconvenience this may cause them or your coworkers and offer to help with finding coverage if you are able
It is important to remember that neither the FMLA nor ADA protects you from being fired for using drugs or alcohol on the job. If your boss finds that you were under the influence while you were working, they are allowed to fire you under Texas and federal law.
Find Help for Addiction Now
If you or a loved one require drug or alcohol rehab, you’ve come to the right place. Flourishing Foundations Recovery is a San Antonio addiction treatment center that can provide you with the tools and support you need to achieve long-term sobriety.
To learn more about our drug and alcohol rehab programs in Texas, contact us today.
References:
- The National Institutes of Health (NIH): 10 percent of US adults have drug use disorder at some point in their lives, Retrieved August 2023 From https://www.nih.gov/news-events/news-releases/10-percent-us-adults-have-drug-use-disorder-some-point-their-lives
- The U.S. Department of Labor (DOL): Family and Medical Leave, Retrieved August 2023 From https://www.dol.gov/general/topic/benefits-leave/fmla
- The Americans With Disabilities Act: ADA Statute, Retrieved August 2023 From https://archive.ada.gov/pubs/adastatute08.pdf
