Yes, in many cases you can use FMLA for rehab. The federal Family and Medical Leave Act lets eligible employees take up to 12 weeks of unpaid, job-protected leave for a serious health condition, and treatment for a substance use disorder can qualify when it is provided or referred by a health care provider. Absence caused by using alcohol or drugs, rather than by treatment, does not qualify.
Worry about losing your job is one of the most common reasons people put off getting help. This guide explains how the FMLA and the Americans with Disabilities Act (ADA) may protect you, what to tell your employer, and how outpatient care can fit around work. Please note: this article is general information, not legal advice. For questions about your specific situation, talk with an employment attorney, your HR department, or the agencies linked below.
What the FMLA Covers
According to the U.S. Department of Labor’s FMLA overview, eligible employees can take up to 12 workweeks of leave in a 12-month period for qualifying reasons, including their own serious health condition or caring for a spouse, child or parent with a serious health condition. During that leave, your employer must keep your group health coverage going under the same terms as if you were still working.
The FMLA is unpaid leave. However, the Department of Labor’s FMLA FAQ explains that your employer may allow, or even require, you to use accrued paid vacation or sick time at the same time. When that happens, the two types of leave run together: you are paid under your employer’s policy and protected under the FMLA.
Using FMLA for Rehab: When Addiction Treatment Qualifies
The Department of Labor’s FMLA Advisor on substance abuse treatment sets out the key rules:
- Treatment can be a serious health condition. Substance use treatment may qualify if the rules for inpatient care or continuing treatment are met.
- The leave must be for treatment. FMLA leave can only be taken for treatment provided by a health care provider, or by a treatment provider you were referred to by a health care provider.
- Missing work because of use does not count. Absence caused by using a substance, rather than by treatment, does not qualify for FMLA leave.
- No retaliation for taking leave. Your employer may not take action against you because you used your FMLA rights to get treatment.
There is one important exception. If your employer has an established policy that has been communicated to all employees, is applied the same way to everyone, and says employees may be fired for substance use under certain circumstances, the employer may act under that policy even while you are on FMLA leave. Because of this, it is wise to read your employee handbook before you request leave.
Inpatient care and continuing treatment
The Department of Labor’s fact sheet on mental health conditions and the FMLA gives examples. Inpatient care includes an overnight stay at a hospital or other medical facility, such as a treatment center for addiction. Continuing treatment includes conditions that keep a person from working for more than three consecutive days and require ongoing medical treatment, as well as chronic conditions such as anxiety or depression that require treatment at least twice a year. That matters if you are also getting help for a co-occurring mental health condition.
Are You Eligible for FMLA?
The FMLA does not cover every worker. According to the Department of Labor, you generally must meet all three of these requirements:
- You have worked for a covered employer for at least 12 months.
- You worked at least 1,250 hours for that employer in the 12 months before your leave starts.
- You work at a location where your employer has at least 50 employees within 75 miles.
Covered employers include private employers with 50 or more employees for at least 20 workweeks a year, plus all public agencies and local education agencies (schools), regardless of size.
How the ADA Can Also Protect You
The Americans with Disabilities Act is a separate law that can apply even if you do not qualify for the FMLA or have used up your FMLA time. The EEOC’s guidance on employer-provided leave and the ADA says covered employers (those with 15 or more employees) must consider unpaid leave as a reasonable accommodation for an employee with a disability, unless it would cause undue hardship. Complying with the FMLA does not automatically meet an employer’s ADA duties, and an employer may need to allow leave beyond a set maximum.
The EEOC’s information for employees about opioids explains that opioid use disorder can be an ADA disability and that you cannot be denied a job or fired because you are in a medication-assisted treatment (MAT) program, unless you cannot do the job safely and effectively. The same document is clear that the ADA does not protect current illegal drug use. It also notes that you can get reasonable accommodations for a disability you had in the past.
How to Request FMLA for Rehab
Asking for time off can feel scary, but you do not have to share every detail. These steps can help:
- Review your handbook. Look for leave policies, paid time off and any policy on substance use.
- Give notice. The FMLA FAQ says you should give 30 days’ notice when leave is foreseeable and that is practicable. If not, give notice as soon as practicable, generally the same or next business day.
- Get medical certification. Your employer may ask for certification from a health care provider. You must be given at least 15 calendar days to provide it.
- Know your privacy rights. The FMLA requires employers to keep medical records confidential and separate from general personnel files.
- Plan your return. When FMLA leave ends, your employer must return you to the same job or a nearly identical one.
If you are asking for an ADA accommodation, the EEOC says you can simply tell a supervisor, HR manager or other appropriate person that you need a change at work because of a medical condition.
Outpatient Rehab and Intermittent Leave
You may not need to stop working for weeks at a time. The Department of Labor explains that FMLA leave can be taken intermittently, in separate blocks of time for one qualifying reason, or on a reduced schedule. That flexibility can pair well with outpatient care.
At The Ranch Pennsylvania Outpatient Services, our intensive outpatient program (IOP) meets for three-hour group sessions, three days a week, while you live at home, and typically lasts about 5-6 weeks. Our partial hospitalization program (PHP) offers full-day programming five days a week; most clients complete it in about 8-12 weeks. To compare them, read PHP vs. IOP: which level of care is right for you and how long rehab typically lasts.
Frequently Asked Questions
Can I be fired for going to rehab?
Your employer cannot take action against you for using FMLA leave for treatment. However, an employer with a clear, consistently applied substance use policy may still act under that policy. The ADA may offer added protection. This is general information, not legal advice.
Is FMLA for rehab paid leave?
No, the FMLA itself is unpaid. Your employer may let or require you to use paid sick or vacation time at the same time.
Can I take FMLA leave to help a family member in treatment?
Yes. The Department of Labor says you may take FMLA leave to care for a covered family member receiving substance use treatment. Learn more about family therapy in addiction treatment.
Do I have to tell my employer my diagnosis?
Your employer can ask for medical certification, but it must keep medical records confidential and separate from regular personnel files.
Get Help for Addiction in Lancaster, PA
Protecting your job and getting help do not have to be at odds. The Ranch Pennsylvania Outpatient Services offers addiction treatment programs in Lancaster, including PHP and IOP, and we can help you think through how treatment fits your work schedule. If medical detox is needed first, it can be coordinated with residential care at The Ranch Pennsylvania. To see what your plan covers, verify your insurance or learn what to expect when you start. Our admissions team is available 24/7, and calls are free and confidential.
