Struggling with addiction can feel overwhelming, especially if you’re worried about how getting help will impact your career. Many employees facing addiction are hesitant to seek treatment because they fear they’ll lose their jobs or face negative repercussions at work. However, it’s essential to know that there are laws in place, such as the Family and Medical Leave Act (FMLA), designed to protect employees who make the decision to enter rehab.
So, can you get fired for going to rehab? The short answer is no—at least not if you follow specific steps to ensure your rights and protections are upheld. Below, we’ll address common concerns about job security when seeking addiction treatment, explore employee rights during addiction treatment, and outline your employer’s obligations for addiction recovery. Armed with this knowledge, you’ll be better prepared to prioritize your recovery with confidence and peace of mind.
Can You Get Fired for Going to Rehab?
If you’re considering addiction treatment, you may be asking the pressing question: “Can you get fired for going to rehab?” For employees in the U.S., workplace laws provide protections against unfair treatment or termination due to seeking medical care.
Substance addiction is recognized as a disease, and under federal law, employees dealing with addiction are typically protected as long as certain conditions are met:
- You must voluntarily seek treatment for substance abuse before your employer takes any action.
- Once under treatment, you must adhere to your workplace policies for drug and alcohol use while remaining committed to your recovery.
If you wait until after an incident, such as showing up to work intoxicated or violating workplace rules, your employer has the right to take disciplinary measures that could include termination. However, proactively seeking addiction treatment is often protected under laws like FMLA and the Americans with Disabilities Act (ADA).
What is the Family and Medical Leave Act (FMLA)?
One of the most important pieces of legislation to understand when seeking addiction treatment is the Family and Medical Leave Act (FMLA). This federal law allows eligible employees to take up to 12 weeks of unpaid, job-protected leave within a 12-month period for qualifying medical or family-related reasons—including treatment for a serious health condition. Substance use disorders are recognized as medical conditions under federal law, meaning addiction treatment is not only valid but protected when properly documented. FMLA ensures that individuals can step away from work to focus on their health without fear of retaliation, loss of their position, or disruption of their employer-provided benefits. This protection is especially important for those worried that taking time off to attend treatment could impact their career or financial stability.
According to the U.S. Department of Labor, individuals struggling with substance addiction may qualify for FMLA-protected leave if the treatment is recommended or prescribed by a licensed healthcare provider and takes place at a qualified rehab facility or under medical supervision. This means that if you decide to enter inpatient rehab, participate in partial hospitalization, or engage in medically supervised outpatient treatment, you may be entitled to job protection while doing so. It’s important to note that time spent away from work due to active substance use is not protected under FMLA—only time spent in treatment or recovering under medical care qualifies. Understanding these rights empowers you to take the necessary steps toward recovery with confidence, knowing your employment and benefits are safeguarded while you prioritize your health and long-term well-being.
FMLA Protections for Employees in Drug & Alcohol Rehab
Here’s how job protection under FMLA applies when attending rehab for addiction treatment. Eligible employees can take up to 12 weeks of unpaid leave within a 12-month period to address a serious medical condition—including substance use disorders—when treatment is provided or recommended by a healthcare professional. This time away from work allows individuals to fully focus on recovery without worrying about income loss or workplace responsibilities during treatment.
During FMLA leave, your employer is legally prohibited from terminating your employment, altering your job role, or reducing your pay and benefits. Your health insurance must also remain active throughout your leave, ensuring continued access to medical services and treatment. Additionally, the law protects your privacy, preventing employers from disclosing the reason for your leave or sharing any information related to your recovery. These safeguards allow individuals seeking rehab to do so with confidence and confidentiality, providing peace of mind while taking the necessary steps toward long-term health and sobriety.
How to Use FMLA for Substance Abuse Treatment
If you’re ready to take advantage of job protection under FMLA for rehab, it’s important to understand the process. Follow these steps to ensure compliance and protect your rights:
Step 1: Determine FMLA Eligibility
The first step is confirming whether you qualify for FMLA coverage. To be eligible, you must:
- Work for an employer with 50 or more employees within a 75-mile radius.
- Have been employed by your company for at least 12 months.
- Have worked a minimum of 1,250 hours during the prior 12 months.
If you meet these criteria, you’re legally entitled to use FMLA leave. You can confirm your eligibility with your HR department.
Step 2: Notify Your Employer
FMLA requires employees to provide advance notice before requesting leave if the need for treatment is foreseeable. While the law doesn’t specify a minimum notice period, it’s a good idea to alert your employer as soon as you make the decision to attend rehab.
Your notice should include:
- The reason for your leave (a “serious health condition”).
- The anticipated start and end dates of your leave.
- Optional: A statement that treatment is related to addiction recovery recommended or required by your healthcare provider.
You are not obligated to share sensitive details about your addiction with your employer. Confidentiality when attending rehab is protected under FMLA and workplace privacy laws.
Step 3: Provide Certification
Your employer may require medical certification to confirm your eligibility for FMLA leave. This certification is typically provided by a healthcare professional or addiction treatment center. At the Healing Center’s drug and alcohol rehab program in Cherry Hill, NJ, we work closely with clients and their employers to ensure all required documentation is completed accurately and promptly. Whether you need proof of treatment recommendations or participation, our team is happy to help.
Step 4: Focus on Your Recovery
Once your FMLA leave begins, your primary focus should be your recovery. Use the time away from work to attend therapy, explore underlying causes of addiction, and build the tools needed to maintain sobriety. Avoid checking work emails, answering calls, or engaging in business-related activity during your leave—it’s essential to take full advantage of this time to focus on healing.
Employer Obligations for Addiction Recovery
In addition to employee rights, employers also have legal obligations when addressing addiction recovery in the workplace. Laws like FMLA and ADA require employers to:
- Respect their employee’s confidentiality regarding addiction treatment and medical records.
- Avoid discriminating against employees seeking treatment for substance abuse.
- Provide reasonable accommodations to assist with recovery when appropriate, such as adjusting schedules or approving leave.
Employers are prohibited from terminating or demoting employees based solely on the decision to attend rehab or seek addiction treatment. These protections allow individuals to prioritize their health without the fear of retaliation. However, while there are laws protecting addiction recovery, employers are within their rights to address behaviors that violate workplace policies. For example, reporting to work under the influence or engaging in illegal drug use on the job can result in disciplinary actions, including termination. This emphasizes the importance of seeking treatment proactively before these issues arise.
Balancing Addiction Treatment and Workplace Responsibilities
The decision to seek treatment for addiction can feel overwhelming—especially if you’re balancing work responsibilities and personal obligations. This is a major step, and it’s normal to worry about how treatment might affect your job or day-to-day routine. The good news is that not all treatment requires stepping away from work entirely. Many individuals find success through outpatient and intensive outpatient programs (IOP), which allow them to receive professional care while maintaining their work schedule. These flexible options make it possible to prioritize your health without sacrificing employment or family responsibilities. When considering rehab, take time to explore your options, understand your rights, and choose a pathway that aligns with both your health needs and your long-term goals. Speaking with a treatment provider, HR representative, or healthcare professional can help you create a plan that supports your recovery from day one.
While some people hesitate to enter treatment because they believe they can manage addiction while continuing to work, untreated substance use often leads to increasing physical, emotional, and professional consequences. Working without addressing addiction can contribute to stress buildup, poor performance, strained workplace relationships, and even risk of job loss. Prioritizing your well-being through professional, community-based treatment—whether that’s outpatient or inpatient care—gives you the chance to build a solid foundation for lasting sobriety. With the right support, you can return to your responsibilities with renewed strength, clarity, and confidence, equipped with healthy coping skills and relapse-prevention tools.
Taking advantage of your employee rights during addiction treatment—including job-protected leave under the Family and Medical Leave Act (FMLA)—can also provide time and space to heal without fear of losing your job. These protections exist so that choosing recovery doesn’t mean sacrificing your livelihood. Whether you need flexible rehabilitation substance abuse support or a more structured treatment plan, remember that getting help is an investment in your health and your future. By taking action now, you’re protecting your career, your long-term stability, and your ability to thrive in every area of life.
The Healing Center: Your Partner in South Jersey Addiction Recovery
Can you get fired for going to rehab? The short answer is no—if you follow legal procedures such as requesting leave under FMLA. Protecting your health and earning long-term sobriety is always worth the effort, and taking advantage of employee rights during addiction treatment can provide critical support during this process.
At The Healing Center in Cherry Hill, NJ, we understand what it takes to maintain privacy and compliance while helping individuals reclaim their lives. Our addiction treatment programs in South Jersey provides personalized care plans tailored to your unique needs, equipping you with the tools to heal and thrive.
Specialized Services Offered by The Healing Center Include:
- Outpatient and Intensive Outpatient Treatment (IOP) to accommodate your busy schedule.
- Individual Counseling focused on understanding your triggers and building recovery strategies.
- Group Therapy to provide peer support and connection during recovery.
- Family Therapy to strengthen your loved ones’ role in your healing process.
If you’re worried about keeping your job while attending rehab, our team can provide guidance on navigating laws like FMLA and ensure the process is as stress-free as possible. Don’t let addiction hold you back from the fulfilling life you deserve. Contact The Healing Center today to learn more about our comprehensive addiction treatment program and how we empower individuals across South Jersey to achieve lasting recovery. Your future starts here—call now to begin your journey.