How to Request Time off Work to Go to Rehab

It’s common to feel uncomfortable about asking your employer for time off to attend rehab. Many people struggle to bring the subject up with their workplace. But this could be harmful to your health and job security if it prevents you from getting any treatment you may need.

One trap people often fall into is imagining worst-case scenarios. This deters many from requesting time off to attend treatment. But remember: catastrophizing doesn’t paint an accurate picture of reality. If you need time off to focus on your mental or physical health, most employers will understand.

If you’re still on the fence, keep these points in mind:

Most workplaces agree that employee wellbeing is essential. Extensive research proves the importance of wellbeing at work.¹ So while it’s natural to think the worst, putting your energy towards your recovery and health is beneficial not just for you, but for your workplace.

Public stigma around mental health issues and illnesses is decreasing. While it’s normal to worry about what others will think, the truth is that we talk more openly about mental health than ever before. Furthermore, public opinion around the matter is more positive than it is negative. If discrimination at work is still a concern, we discuss your employee rights in the next section.

You are protected by employment laws. In many cases, there are laws in place that are designed to protect your job and employment status while you seek addiction treatment. By understanding your rights as an employee, you can feel more confident about approaching your employer to discuss taking time off for treatment.

Disclaimer: this post is for general informational purposes only and should not be construed as legal advice from RehabPath, nor should it be substituted as legal counsel on any subject matters.

Can I Get Fired for Going to Rehab?

If you live in the U.S., you may be entitled to take leave for addiction treatment under the Family and Medical Leave Act (FMLA). You’re also eligible for protection from discrimination against mental health conditions under the Americans with Disabilities Act (ADA). Let’s further explore how these two federal laws are intended to protect your employment.

The Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act² was created to “help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons.”

Since it was enacted in 1993, FMLA has helped millions of people in the United States retain their employment while receiving treatment.

How Might FMLA Protect You for Attending Rehab?

FMLA protects people who receive addiction treatment and any family member who takes care of them during treatment.

If you have a serious health condition,³ which includes substance abuse and mental health issues that meet certain requirements, you’re entitled to take 12 weeks of unpaid leave in a one-year period under FMLA. FMLA also guarantees that you’re employed under the same working terms and conditions as before you left.

Additionally, you may take FMLA leave to care for a family member who is receiving addiction treatment.

You’re entitled to take FMLA-protected leave for addiction treatment, provided you use your leave time for treatment. FMLA does not cover missed work due to substance use.

We recommend checking with your employer on their FMLA policy to ensure you’re protected before you take leave. If your workplace includes a substance abuse policy with provisions on attending rehab, you might not be FMLA covered. As always, it’s best to check with HR on company policies.

Who Is Eligible to Take FMLA Leave?

You’re eligible for FMLA leave if you meet the following criteria:

• your employer is covered
• you’ve worked for your employer for at least 12 months (it does not have to be a consecutive 12-month period)
• you’ve worked for a minimum of 1,250 hours over the past 12 months
• you’re employed at a site where the company employs 50 or more workers within 75 miles

The following employers are covered under FMLA:

• a private-sector employer with 50 or more employees
• any private or public schools
• any government agency

Workplaces that are FMLA-covered are required to give employees notice of this. Notices can typically be found in your new-hire paperwork, employee handbook or other policy and procedures manuals.

How to Use FMLA Leave to Attend Addiction Treatment

It’s important to follow the FMLA process for requesting leave. This helps safeguard your protection under the law. But as always, it’s best to check with a legal counselor (if possible) or your company’s HR department for specific legal information regarding FMLA.

While each employer has its own FMLA policy, the process generally looks like this:

Find out what leave-related information your workplace requires.

Most workplaces will want to know how long you’ll be in treatment. The admissions staff at your addiction treatment center will help you determine your length of stay.

Additionally, your employer might require a fitness-for-duty (FFD) certification (a certification from your health care provider which confirms that you’re able to resume work) after coming back from FMLA leave. Before you leave for treatment, they should notify you that this information will be required and provide you with a list of essential duties.

File an FMLA leave request.

If the need for leave is foreseeable, and you know when you’re going in for treatment, you must give your employer at least 30 days’ notice.

If this is your first time seeking FMLA-protected leave, you aren’t required to specifically assert your rights under FMLA or even mention FMLA, as long as you provide your employer with sufficient information that makes them aware of your need for FMLA leave.

Your employer responds to your request.

Your employer must let you know the status of your FMLA leave within five business days.

These are some other important things to know regarding your medical records and privacy protection:

• You are not required to give your employer your medical records unless they specifically ask for it.
• Any contact between your employer and health care provider needs to comply with Health Insurance Portability and Accountability Act (HIPAA)⁴ privacy regulations. Under this rule, your direct supervisor cannot contact your healthcare provider.