People with drug and alcohol addiction need comprehensive, high-quality treatments and ongoing support to overcome this condition and move forward in life. Although many effective addiction treatment programs are available throughout the country, most people with addiction do not get the treatment they need.

Many barriers stand in the way between people with addiction and the treatment they need. Some people may live in denial about their addiction or worry about the stigma surrounding substance abuse. Many people fear that they will lose their jobs if they take time away from work to go to rehab. The risk of losing financial security and health insurance can prevent many people from getting the help they need and deserve.

Fortunately, there are laws and regulations that allow people to seek treatment for addiction without risking their financial security or losing their jobs. Many people may be able to use the Family and Medical Leave Act (FMLA) to go to drug and alcohol addiction treatment.

This article will discuss using FMLA for addiction treatment and how to find the treatment you need. Reach out to the caring specialists at The Living Room to learn more about our holistic, person-centered approach to addiction treatment and recovery.

Does FMLA Apply to Drug and Alcohol Addiction Treatment?

In 1993, federal legislators passed the Family Medical Leave Act (FMLA) to prohibit employers from terminating employees seeking treatment for medical conditions. FMLA also offers protection for employees’ health insurance by requiring employers to maintain health insurance coverage while the employee undergoes treatment.

Under the Family Medical Leave Act, employees can take a leave of absence to attend addiction rehab without fear of losing their job. According to the Department of Labor, most employees are allowed to take up to 12 weeks away from work to undergo treatments for mental health or addiction.

To use FMLA for drug and alcohol addiction treatment, employees must meet specific criteria. These include:

• They must have worked for the company for 12 consecutive months
• During the 12 months of employment, they must have completed a minimum of 1,250 hours of work
• The company must have a minimum of 50 employees within 75 miles of their location

Employees who meet these criteria will likely be eligible to use FMLA to take a leave of absence to attend rehab without risking their employment.

During the leave of absence, an employer is not required to pay their employee. Upon return to work, an employer must offer the employee the same job or a similar role with the same pay rate. 

What Kind of Drug and Alcohol Addiction Treatment is Covered by FMLA?

People must attend an evidence-based treatment program at a licensed facility to use FMLA for a leave of absence. There are several levels of care in addiction treatment offered in a variety of settings, including:

• Medically-supported detox programs
• Outpatient rehab programs
• Inpatient or residential treatment programs
• Day treatments/partial care
• Intensive outpatient programs (IOPs)
• Dual diagnosis treatments
• Mental health treatment

 Each person has their own experience with addiction recovery, and the type of treatment they need depends on their addiction’s severity and other factors. Typically, employees are entitled to use FMLA to attend any level of rehab program recommended by a medical or addiction professional. 

How to Use FMLA to Attend Drug and Alcohol Addiction Treatment

If you or someone you love needs the support of a drug and alcohol addiction treatment program, there are several steps you will need to take to use FMLA for a leave of absence.

1. Get a substance abuse evaluation

You may be required to have a formal diagnosis of a substance use disorder (SUD) to use FMLA to attend rehab. A doctor or addictionist will perform a substance abuse evaluation that includes questions about your substance use, family history, mental health, and other relevant information.

2. Talk to Human Resources

Speak to your human resources representative about your plans to attend substance abuse treatment as soon as possible. Your HR representative will guide you through the process of applying FMLA to your leave of absence.

3. Communicate with your employer

Keep in touch with your employer as you move through treatment. Tell your employer about your intended return to work date, and notify them of any changes to your schedule as time goes on. 

You are not required to work during your leave of absence and should focus your time and energy on recovery. However, your return to work will likely be smoother if you have stayed in touch with your employer when necessary.

Taking the right steps to prepare for your leave of absence will make your return to work less stressful. Recovery does not end when rehab does. Take care of yourself during rehab and take steps that will ensure minimal stress in the future.

Learn More About Using FMLA to Attend Drug and Alcohol Rehab

Reach out to the compassionate specialists at The Living Room now to learn more about applying FMLA to drug and alcohol addiction treatment. Our caring team of specialists can walk you through the process of taking a leave of absence and help you explore our holistic treatment programs to find the care that best meets your needs. 

Don’t wait another day for the help you need and deserve. Call today to get started.