This page is general information, not medical, legal or financial advice. Employment law has many details. For your exact situation, talk to your human resources office, the agencies below or an employment lawyer.
The short answer
Often, a person can take protected time off for treatment and keep their job. Two federal laws do most of the work: the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). But neither one protects everyone, and neither one protects current illegal drug use.
FMLA: job-protected leave for treatment
The U.S. Department of Labor says the FMLA gives eligible employees up to 12 workweeks of job-protected leave in a 12-month period for reasons that include a serious health condition.
The Department of Labor’s FMLA guidance says treatment for substance abuse may be a serious health condition if the rules for inpatient care or continuing treatment are met. Key points:
- Leave must be for treatment provided by a health care provider, or by a provider on referral from one.
- Missing work because of the use of the substance itself, rather than for treatment, does not qualify.
- An employer may not take action against someone for using FMLA leave for treatment.
- But if the employer has an established policy, applied fairly and shared with all employees, that allows firing for substance abuse in certain cases, the person may still be let go under that policy.
- An employee can also take FMLA leave to care for a covered family member who is getting substance use treatment.
Who the FMLA covers
Covered employers (per the Department of Labor)
- Private employers with 50 or more employees in 20 or more workweeks this year or last year
- Public agencies, including federal, state and local government, of any size
- Public and private elementary and secondary schools, of any size
Eligible employees
- Have worked for the employer for at least 12 months
- Have at least 1,250 hours of service in the 12 months before leave
- Work at a location where the employer has at least 50 employees within 75 miles
FMLA leave is job-protected, but it is generally unpaid unless your employer’s policies say otherwise. Ask HR how paid time off and short-term disability fit in.
ADA: protection for people in treatment and recovery
The ADA bans job discrimination based on disability. The U.S. Department of Justice’s ADA.gov guidance says drug addiction is considered a physical or mental impairment under the ADA. People in treatment or recovery who are not currently using drugs illegally are typically protected.
ADA.gov’s guidance on opioid use disorder also says that taking medication for opioid use disorder under the care of a licensed health care professional is not “illegal use of drugs” under the ADA. In general, the ADA does not protect someone who is currently using drugs illegally, if an employer acts because of that use.
The rules for alcohol use are a bit different. For questions about job discrimination, the U.S. Equal Employment Opportunity Commission (EEOC) handles complaints. Its number is 1-800-669-4000.
How to ask for leave, step by step
Read the handbook
Look for the leave policy and any drug and alcohol policy. Note any program, like an employee assistance program, that the policy mentions.
Talk to HR, not just a supervisor
You can say you need medical leave for a serious health condition. The health care provider can complete the certification forms.
Keep copies
Save emails, forms and approval letters. Ask the treatment program to help with paperwork and return-to-work notes.
Work and rehab: common questions
Do I have to tell my boss it’s for rehab?
You generally need to give enough information for the employer to know the leave may qualify under the FMLA, and the provider may need to certify the condition. Many people share details only with HR. Ask HR how medical information is kept private.
Can I use FMLA to care for my spouse or child in rehab?
Yes, the Department of Labor says an eligible employee can take FMLA leave to care for a covered family member who is receiving treatment for substance abuse.
What if my employer has fewer than 50 employees?
The FMLA may not apply, but other protections might, such as the ADA or the employer’s own leave policy. Ask HR, and check with the Department of Labor or the EEOC.
Can I take leave in pieces, like for an outpatient program?
The Department of Labor says FMLA leave can be taken intermittently or on a reduced schedule when medically necessary. That can fit intensive outpatient care in the evenings or a few days a week.
How do we pay for treatment while on leave?
See our paying for rehab guide and insurance page. In an emergency, call 911. For a crisis, call or text 988.