Can You Get Fired for Going to Rehab?
What happens if you need to take time off from work to get treatment for a substance use disorder? Can you get fired for going to rehab?
Can You Get Fired for Going to Rehab?
Unfortunately, the question of can you get fired for going to rehab doesn’t have a simple yes or no answer:
- In some cases, employees are protected from being fired, demoted, or otherwise punished for taking time away from work to get treatment for a substance use disorder (addiction) or another mental health concern.
- In other circumstances, people can lose their jobs if they’re temporarily unable to work because they’re in rehab.
Federal law guarantees that some employees can take leave to get treatment. Unfortunately, these laws do not apply to all workers in the U.S.
Do Employees Who Go to Rehab Have Any Legal Protections?
At the federal level, the two laws that apply to employees who need help for an addiction or a mental illness are the Family and Medical Leave Act (FMLA) and the Americans With Disabilities Act (ADA)
Family and Medical Leave Act (FMLA)
The FMLA, which was signed into law in 1993, provides certain employees up to 12 weeks of unpaid leave each year for any of the following reasons:
- Birth of a child and to care for the newborn within one year of their birth
- Placement of a child for adoption or foster care and to care for the newly placed child within one year of placement
- Caring for a spouse, child, or parent who has a serious health condition
- Having a serious health condition that makes you unable to perform the functions of your job
- Certain scenarios involving a spouse, child, or parent who is an active-duty member of the U.S. military or who has been called to active duty status
The U.S. Department of Labor (DOL) has confirmed that substance use disorders are considered to be serious health conditions under the FMLA. This means that you may be authorized to take unpaid leave to enter an addiction treatment program or to care for an immediate family member who has an addiction. However, this authorization only covers certain employees who are receiving certain approved types of treatment.
For additional information, you may want to review fact sheets on the DOL website that address FMLA eligibility and taking leave for mental health conditions (which includes addictions).
Americans With Disabilities Act (ADA)
The ADA, which became federal law in 1990, prevents individuals from being discriminated against on the basis of disability in several areas, including:
- Employment
- Purchasing goods and services from businesses that are open to the public
- Accessing public transportation
- Participating in state and local government programs
The employment section guarantees that covered employers cannot fire, refuse to hire, deny promotions or training opportunities, or pay people less because they have a disability, as long as the person can perform all necessary job-related duties with or without reasonable accommodations.
The ADA defines a person with a disability as someone who meets one of the following criteria:
- Has a physical or mental impairment that substantially limits one or more major life activities
- Has a history or record of such an impairment, such someone who is in remission from cancer
- Is perceived by others as having a disability, such as an individual who has scars from a severe burn
As established in a March 2024 article in the Journal of Vocational Rehabilitation, employees who are protected by the ADA include “individuals with alcohol and substance abuse disorders who are in recovery.”
However, as with the FMLA, the ADA’s protections do not extend to every employee and every employer. This page on the U.S. Equal Opportunity Employment Commission (EEOC) website can help you determine if you’re a covered employee under the ADA.
Do You Still Get Paid While You’re in Rehab?
If you don’t lose your job while you’re in rehab, does that mean you still get paid even during the time you’re not at work? It could happen, but it’s not likely.
There aren’t any laws that prevent employers from paying people while they’re in treatment, but it’s not a good idea to count on getting a paycheck during that time.
As noted earlier in this post, the FMLA allows covered employees to take unpaid leave without losing their job. During your time away from work, your employer could decide to keep you on the payroll, but they aren’t required to do so.
In terms of work-related compensation, the FMLA only mandates that you continue to be covered by insurance during your unpaid leave.
Can You Get Fired for Having an Addiction?
Substance use disorders are considered disabilities under the ADA. This means that if you and your employer are covered by this law, you cannot be fired for having an addiction. But that does not mean you are protected if you use drugs in the workplace or show up at work under the influence of alcohol or another mind-altering substance.
As described by the U.S. Commission on Civil Rights, employees are protected under the ADA if they meet any of the three following criteria:
- Have been successfully rehabilitated and who are no longer engaged in the illegal use of drugs
- Are currently participating in a rehabilitation program and are no longer engaging in the illegal use of drugs
- Were regarded erroneously, as illegally using drugs
In other words, if you previously used illicit drugs due to a diagnosed addiction, but you no longer do so, you are protected. But if you are currently using substances, either by choice to due to a diagnosed compulsion, you can legally be dismissed from your position.
Learn More About Rehab in Massachusetts
Lake Avenue Recovery Center offers customized outpatient treatment for adults who have become addicted to alcohol and other drugs. We also serve clients with anxiety, depression, and other co-occurring mental health conditions.
Treatment options at our rehab in Worcester, MA, include a high-intensity outpatient program (similar to day treatment or a partial hospitalization program), an intensive outpatient program (IOP), and an evening IOP.
To learn more about how we can help you or a loved one, or to schedule a free assessment, please visit our Admissions page or call us today.