Disclaimer: This article is for your general information only, and not a replacement for expert legal advice. Check with HR or an employment attorney about your circumstances.
Can you get fired for going to rehab? In most cases, no. Asking for leave to get treatment for drug or alcohol use is protected by federal and California law, as long as you meet a few basic requirements. What the law does not protect is using illegal drugs at your job or breaking your company rules.
Anxiety regarding losing your job if you take time off for rehab is a real fear. Many put off treatment for exactly this reason. California has several laws on your side, and outpatient care can often fit around a demanding schedule as well.
In this article, we will cover which laws apply, when your job can still be at risk, how to speak with your employer, and how to keep working during treatment.
Laws That Protect Your Job
Four laws matter most for employees in California. Which ones apply to you depends mostly on your employer’s size and how long you have worked there.
FMLA for Rehab
The Family and Medical Leave Act (FMLA) for rehab is a federal labor law. If your employer has 50 or more employees within 75 miles, and you have worked there at least 12 months and 1,250 hours in the past year, you may take up to 12 weeks of unpaid, job-protected leave. Your insurance coverage will be provided during leave, and you can return to the same or an equivalent job.
The Department of Labor says the leave must be for treatment, not for absences caused by substance use itself. Leave can sometimes be taken when you need it, such as a few hours each week, when it is medically necessary.
CFRA
The California Family Rights Act (CFRA) is much like the FMLA but applies to smaller employers. It covers employers with five or more employees. You need more than 12 months of service and at least 1,250 hours worked in the prior 12 months.
Eligible employees can take up to 12 weeks of job-protected leave for a serious health condition (including substance use and co-occurring mental health conditions). Behavioral health treatment can qualify as one.
The ADA and California FEHA
The federal Americans with Disabilities Act (ADA) applies to employers with 15 or more employees. Substance use disorder can count as a disability, and the ADA protects those in supervised rehabilitation programs who are no longer using illegal drugs. It can also require reasonable accommodations, such as schedule changes for rehab.
California’s Fair Employment and Housing Act (FEHA) covers employers with five or more employees. It prohibits disability discrimination and retaliation.
California’s Rehab Leave Law
A lesser-known California law is directly related to rehab. Under Labor Code Sections 1025 – 1028, private employers with 25 or more employees must reasonably accommodate an employee who voluntarily enters a drug or alcohol rehabilitation program.
Your employer must make reasonable efforts to keep your enrollment private. The law does not require you to receive paid time off, but you can use sick leave you have accrued. If you believe you were denied an accommodation, you can file a complaint with the Labor Commissioner.
If You Are Not Sure How To Begin, Speak With Us
Taking time off for rehab can feel like a huge step, especially if you are concerned about losing your job and are not sure which laws apply to you. But you do not have to figure this out on your own. You can call Create Recovery Center, and our team can help you understand your rights and handle the paperwork.
Call (855) 600-4420
When You Can Still Be Fired
Protected leave does not override your company rules and regulations. Here are some instances in which you can still be fired:
Policy Violations
Using alcohol or illegal drugs at work, or coming to work impaired, is not protected. The ADA allows for employers to hold employees with substance use disorders to the same conduct standards as every other employee. California’s Labor Code also lets an employer let go of someone who cannot do the job safely because of current use.
Illegal Drug Use
The ADA does not protect a person who is currently using illegal drugs when the employer acts on the basis of that use. It does protect employees in a supervised rehabilitation program who are no longer using. This is why you need to ask for leave early, and in writing, so you have a record you can fall back on if you think your employer is acting unfairly.
Last-Chance Agreements
Some employers offer to keep you on if you sign a last-chance agreement. This agreement lists conditions such as finishing treatment, attending your job reliably, and following the drug and alcohol policy. Read it closely, and have an employment attorney or union representative review it before you sign in case you are given last-chance agreements.
At-Will Employment
California is an at-will state, so employers can end employment for many reasons. They cannot do it for illegal reasons, such as disability discrimination or retaliation for taking protected leave. But it does not protect you from other job-related reasons, such as a layoff or termination for performance-related concerns.
How to Tell Your Employer You Are Going to Rehab?
Start with HR or your manager, whichever your company lists for leave requests. Keep it simple: you need medical leave for a serious health condition. You do not have to share details of your diagnosis with your manager or your coworkers, but your employer may ask for a note from your healthcare provider.
Here is an example of something you can use:
“I need to speak to you regarding a matter of medical importance. I am starting a treatment program and would like to request medical leave under the policies that apply to me. My healthcare provider can certify the paperwork you need, and I want to collaborate to ensure my responsibilities are covered as I take the time off for my treatment.”
Confirm the request in writing. California law also requires efforts on your employer’s part to keep your rehab enrollment private, under Labor Code Section 1026.
Can You Work While in Rehab?
Can you work while in rehab? Yes, typically if you choose outpatient care. At Create Recovery Center, our clients receive structured treatment during scheduled hours in a week with our intensive outpatient programs (IOP) that run 9 to 15 hours a week, and evening IOPs that convene after a workday.
Partial hospitalization program (PHP) is also an outpatient program that offers full-day treatment – 6 to 8 hours a day, 5 days a week. Most may not be able to maintain a full work schedule during PHP. But this basically depends on the level of care you need.
Some may need detox and residential care before transitioning into an outpatient program. At Create Recovery, we do not provide detox or residential care but can refer you to trusted treatment providers before admitting you to PHP or IOP afterward.
Paying for Treatment
How do you pay for your treatment with your time off is a valid question. Create Recovery collaborates with PPO insurance plans to ensure you receive in-network and out-of-network benefits. You can call us to verify your benefits confidentially. It is a free-of-cost, no-obligation step that only takes a few moments.
If you belong to a union, you can enquire whether your union covers rehab. Many employers also offer an employee assistance program (EAP) that can help you with finding the care you need.
Getting Started With Create Recovery
Job-related concerns are valid fears that a person can have when it comes to recovery. But these must not stop you from receiving the care you need and deserve. Create Recovery Center offers PHP, IOP, and evening IOP for working professionals and adults with substance use, mental health concerns, or both, that allow you to keep most or part of your routines while you receive treatment.
Please do not hesitate to reach out to us to understand the options available to you. Our team is always here for you, and we want to hear from you whenever you are ready.
Whenever You Are Ready To Take The Next Step
You do not have to figure out everything on your own before you reach out to us. Contact us to understand what your options are, verify your insurance, and make informed decisions in your care only when you are ready.
Speak With Someone Who Understands
Frequently Asked Questions About Can You Get Fired for Going to Rehab
1. Can you go to rehab and keep your job?
Federal and California laws protect eligible employees who take leave for treatment/ Your employer can still enforce company rules, so follow your company’s leave request procedures and put in your requests in writing.
2. Can I take time off work to go to rehab?
FMLA, CFRA, the ADA, and California Labor Code section 1025 may protect time off for treatment. Leave is typically unpaid, though you can use earned sick leave and may qualify for State Disability Insurance.
3. How do you tell your employer you are going to rehab?
Tell HR or your manager that you need medical leave for a serious health condition, and put it in writing. You do not have to share your diagnosis or condition with your employer or coworkers.
4. Can you be fired for being a recovering addict?
The ADA protects employees in recovery who are no longer using illegal drugs, and California law also prohibits disability discrimination. One can still be disciplined or fired for current illegal drug use, however.
5. Will my employer know I am in rehab?
Your employer will not know you are in rehab unless you tell them. You do not have to share a diagnosis with your employer or coworkers. Your employer may ask for a provider’s note to approve leave.