Family Medical Leave Act (FMLA) for Drug Rehab

FMLA leave may be granted for the birth of an employee’s baby or the adoption of a child or foster placement of a child. Other qualifying conditions can also apply, as certified by the employee’s healthcare provider. So, can you use FMLA leave for rehab and substance use recovery?

What is FMLA? Understanding the Basics

The Family and Medical Leave Act was passed in 1993. This law allows workers to take temporary leave from their jobs for medical or family-related reasons without the risk of losing their jobs because of their absence.

Eligible employees can take up to 12 weeks of unpaid leave during a period of 12 months under FMLA. During this time, they receive job protection and continuation of their group health insurance coverage under the current terms.

Serious health conditions covered by FMLA include those that require overnight hospitalization, cause incapacitation for more than three consecutive days and require medical treatment and chronic conditions that require treatment at least twice a year. Pregnancy is another serious health condition when morning sickness is severe or when bed rest is medically required.

Other examples of serious health conditions recognized for FMLA benefits include physical conditions, such as back injury or chronic pain, cancer, migraine headaches, diabetes and kidney disease. Employees might also have epilepsy, severe arthritis, multiple sclerosis, or emphysema, which can also require leaves of absence.

Some employees may be affected by mental health conditions, such as anxiety, depression or PTSD. Those with bipolar disorder, severe stress, Alzheimer’s or substance use disorders might also qualify for leave.

FMLA Eligibility and Requirements

There are certain conditions and exceptions to the right to take FMLA leave. One is that the employee must have worked for at least 1,250 hours during the previous 12 months for a private sector employer who is an FMLA-covered employer, a government agency, or a public or private elementary or secondary school. All these entities are required to comply with FMLA.

The employee must also work in an area where the employer employs 50 or more employees within a 75-mile range.

An employer may require medical certification from the employee’s healthcare provider that supports the need for FMLA leave. A diagnosis may be included but isn’t required.

Employees with substance use disorders should know that substance abuse might impact their positions. If they work in an industry that mandates a drug-free workplace, such as jobs that require security-sensitive work or federal contract work, the employee might be eligible for FMLA leave for substance abuse treatment. However, they can be fired if they have violated the company’s drug-free workplace policy.

If the employer has a formal non-discriminatory company policy known to the employee stating that substance use may be grounds for job termination, FMLA’s guarantee of job protection following leave may be waived. This is often the case when employees used drugs on the job or when drug use interfered with their ability to adequately do their job.

However, termination for drug or alcohol use in a work environment where these substances are prohibited falls outside of the purview of FMLA. In such cases, FMLA statutes, protections and benefits don’t apply.

Using FMLA Leave for Rehab and Addiction Treatment

Addiction is a chronic, progressive illness that affects all areas of life, including work. FMLA provides protection for employees who worry that they could lose their job if they attend substance abuse treatment.

But employers aren’t allowed to discriminate against employees who request leave time to attend rehab. Employers often recognize that helping employees receive FMLA for addiction treatment benefits everyone.

Once treated, employees are usually a more engaged and reliable worker. Employers save money when they can keep dependable employees and don’t have to train new workers. Regardless of inpatient or outpatient addiction rehab treatment, it’s a good investment for employee and employer alike.

Employees need not worry about confidentiality when they attend rehab. Facilities are required to abide by HIPAA privacy rules. Sensitive health information cannot be disclosed without the patient’s consent. Employers won’t have access to details about your treatment unless you choose to voluntarily disclose information to them.

FAQs

Steps to Take to Use FMLA Leave for Rehab

To use FMLA benefits, required forms and documentation must be completed by the employee and the employer. An employee must provide their employer with a medical certification from a healthcare provider documenting the medical necessity for a leave and the amount of time requested.

Generally, an employee should give their employer 30 days advance notice of a planned leave. The employer will determine if the leave meets FMLA eligibility and must inform the employee within five days of receiving the request.

A healthcare provider’s certification is crucial for establishing the need for FMLA leave; but the employer ultimately designates a leave request as eligible for FMLA.

The employer also outlines the employee’s rights and responsibilities, including whether a fitness-for-duty certification is needed from the healthcare provider before the employee returns to work.

You can always ask for help from your company’s human resources department to address any questions or concerns you may have about using FMLA leave.

When acquiring medical certification from your healthcare provider, make sure your provider documents sufficient evidence regarding your need for leave time and the amount of time you’re likely to be away from work.

While a diagnosis of substance abuse or addiction isn’t required, such a diagnosis may increase the likelihood of approval for treatment.

Be sure to get copies of the referral from your healthcare provider.

How Can I Get Paid While on FMLA?

FMLA typically involves unpaid leave time. But there are ways to receive income while on FMLA leave. For instance, some states have paid family and medical leave (PFML) programs, where employees can receive up to 40-70% of their wages while on leave. Benefits are usually funded through payroll taxes.

Otherwise, you can use your paid time off, including sick, vacation, or personal days, during FMLA leave time. Some employers require you to use these benefits when you’re on FMLA leave.

Many employers offer short term disability as part of their benefits package. Check with your HR manager to see if you have these benefits. Short term disability will pay up to 40-70% of your wages and will typically last between 13 and 26 weeks.

Some employees opt to apply for government assistance programs. You may be eligible for the Supplemental Nutrition Assistance Program, or SNAP. It’s formerly known as the food stamp program. SNAP benefits are determined by household income, so when your income is reduced, you may qualify.

Feel free to also explore local support services and resources. Contact local social service agencies and food banks to see what options they may be able to help you with.

Others also consider taking out a personal loan to cover their living expenses while on FMLA.

During your leave, review your income and document all expenses. Seek out potential sources of assistance. Create a budget and cut back on discretionary spending. With careful planning, you can make your leave time a beneficial opportunity without sacrificing your accustomed lifestyle.