If you’re about to make the first step to seek help in overcoming your addiction One of the most frequent questions that pops up is “Can you be dismissed for attending rehabilitation?” The first thing to consider is that substance use disorders are considered to be medical conditions like hypertension or diabetes. So, rehab could be considered a medical procedure.
Can I lose my job If I go to Rehab?
There are a variety of safeguards available to keep your job in the event that you need to go to rehabilitation, such as:
FMLA (Family and Medical Leave Act)
The FMLA permits you to take unpaid time off from work for maximum 12 weeks every year. Your employer is required to keep your job up until the time you can return. In addition, your employer must keep any health benefits that you have received during your leave.1
So, you are able to be able to take time off from your job to go to rehabilitation and not worry 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 can earn.
You must however, make an application for FMLA time off from your company prior to when you are allowed to use it. It is not necessary to reveal your alcohol use or drug abuse. It is enough to state 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 those in recovery, provided they do not use drugs during work. You should also be in a rehab treatment program. Particularly the ADA safeguards your employment as your employer can’t expel you from 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 may also dismiss you when your drug use impacts your work performance.
Can You Attend Rehab and Still Work?
At first, you should consider taking at minimum some weeks off work. If you are not planning to apply for FMLA or wish to inform your employer that you’re beginning rehab, you can apply for a temporary leave due to reason of health or time off for vacation.
You should rest for a couple of weeks from work as you’ll need to detox and this can be difficult to accomplish if you’re currently working. Instead, you should concentrate on cleansing and not be distracted by other distractions.
After detoxing after detox, you are able to return to work, but you can also be in rehab by enrolling into Alcohol Treatment Program in San Diego or any city of California. This type of program gives you the freedom to work. If 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 is contingent upon whether you’re currently being paid unemployment or are not. You are able to claim unemployment in rehabilitation in the event that you’re getting unemployment payments. But, you will require a job application and fulfill other requirements in order to keep your benefits.
If you are on medical leave in accordance with the FMLA You are not eligible to collect unemployment benefits. It is still considered that you are employed because your employer holds your position until you are able to return to work. You may be eligible to receive assistance in paying for your rehab under an insurance program called the ACA (Affordable Healthcare Act).
One of the essential health benefits to be provided by employer-sponsored insurance or insurance purchased via the Health Insurance Marketplace must include the coverage of substance abuse disorders.3
How can I be protected if I Attend Drug Rehab?
You don’t have to be concerned about your employer finding out that you are going to rehabilitation. The health insurance company you use and the rehab facility you seek treatment from are legally bound by HIPPA and therefore cannot reveal your treatment to your employer without signing the release.4
It may also surprise you to find out that rehab facilities can’t reveal to your family details about your treatment without your permission. Therefore, if you’ve kept your addiction to drugs from your family members and would like to get into rehab and not let them be aware.
What if I am fired for attending Rehab?
There are instances where you might be dismissed for going to rehabilitation. In the case of example, you did not apply for FMLA and you don’t show up to 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 has established policies regarding the misuse of alcohol and substances and also has evidence to show that you abused substances when “on working.” They may decide to fire you.
In addition to those exemptions If you are fired for attending rehabilitation, you may have the basis for an claim for wrongful termination. But, you’ll need consult an experienced legal professional.