Using the Family and Medical Leave Act (FMLA) to Go to Rehab
If you or someone you love is struggling with an addiction to drugs or alcohol, it is critical that you get the help you need as soon as possible. With help from a personalized treatment program and a dedicated support group, anyone can recover from addiction. In fact, for most people, one of the hardest parts about recovery is asking for help and agreeing to go to rehab in the first place.
A common reason why people are hesitant to seek help is that they are afraid they will lose their job. Many Americans do not have several weeks or months of guaranteed paid time off or sick leave, but the majority qualify for 12 weeks of unpaid leave for medical or family reasons under the Family and Medical Leave Act (FMLA).
What is the Family and Medical Leave Act (FMLA)?
The Family and Medical Leave Act (FMLA) is a federal labor law that was passed by congress and signed into law by former U.S. President Bill Clinton in 1993. The goal of FMLA is to grant temporary family and medical work leave to individuals under certain circumstances.
This bipartisan legislation entitles individuals not only to time off work for family and medical reasons but also job protection and health insurance continuation during said leave. The FMLA provides eligible employees of covered employers to have 12 weeks of unpaid, job-protected leave for specific medical and family reasons each year. While on unpaid leave, employers must continue the employee’s health insurance coverage under the same terms and conditions as they would if the employee was not on leave.
Under the FMLA, qualified employees are entitled to:
- Twelve workweeks of leave in a 12-month period for:
- the birth of a child and to care for the newborn child within one year of birth;
- the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
- to care for the employee’s spouse, child, or parent who has a serious health condition;
- a serious health condition that makes the employee unable to perform the essential functions of his or her job;
- any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or
- Twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).
Who Qualifies for Unpaid Leave Under the FMLA?
There are certain eligibility requirements that you must meet in order to qualify for unpaid time off work under the Family and Medical Leave Act. First, your employer must be covered under the FMLA. According to the U.S. Department of Labor, covered employers include:
- Private-sector companies with 20 or more workweeks each year and more than 50 employees
- Private and public elementary or secondary schools
- Local, state, and federal government agencies and other public entities
If your employer falls into one or more of those categories, you may be eligible to use FMLA to go to rehab. However, you must also meet the following four criteria:
- Work for a covered employer
- Have worked for a covered employer for at least one year
- Have worked at least 1,250 hours in the last year
- Work at a covered location with at least 50 employees within 75 miles of their home
Thankfully, FMLA is broad enough that most employers and employees are covered, meaning most workers can take the time off that they need to complete a substance abuse treatment program without worrying about losing their job.
Can I Use the Family and Medical Leave Act to Go to Rehab?
The FMLA provides leave for qualified employees with serious health conditions, but what is a serious health condition? The FMLA defines a serious health condition as a mental or physical health condition that requires inpatient care or continuing treatment from a licensed healthcare provider.
There are many health conditions that can qualify as serious conditions, including anxiety, stress, post-traumatic stress disorder (PTSD), and substance use disorder. Whether you are seeking treatment for just an addiction or mental illness or both a mental illness and addiction, FMLA will guarantee you unpaid leave and job protection.
To ensure your rights under FMLA, you must be sure to tell your employer that you intend to use family and medical leave. You must also receive an official diagnosis from a licensed healthcare provider. As long as you have those two things and are eligible, you can use the FMLA to go to rehab. You do not have to provide your medical records to your employer, but your employer may request medical certification to validify your right to take leave.
Your Rights Upon Returning to Work After Rehab
The Family and Medical Leave Act can protect your job during rehab but it also guarantees you certain rights upon returning to work. Not only does your employer have to continue your insurance coverage on your previous terms, but they must also allow you to return to your original job or be given an equivalent job or title with the same pay, benefits, and terms of employment.
In other words, your employer cannot legally reduce your pay, give you a demotion, or fire you because you sought treatment for addiction while using family and medical leave.
Start Your Recovery Today
At Sheer Recovery, we are committed to helping you regain control of your life by breaking the bonds of addiction. We are available to answer any questions you may have about using the Family and Medical Leave Act to go to rehab or collaborating with your employer during treatment. Call now to speak with a dedicated admissions coordinator about your treatment options.