For many individuals grappling with alcohol dependence, pursuing rehabilitation treatment is an essential initial step toward recovery. However, many of these individuals often hesitate to commit to inpatient care due to job security and financial stability concerns.
FMLA (Family and Medical Leave Act) prevents this from happening. It guarantees job protection for individuals seeking treatment for substance use. FMLA also allows leave for both inpatient and outpatient rehab that requires constant monitoring from healthcare providers.
In this article, we explain under which circumstances you can refer to FMLA to protect your rights as an employee. It specifically addresses your ability to seek leave of absence for medical assistance needed for substance abuse treatment.
What Is FMLA (Family and Medical Leave Act)?
The Family and Medical Leave Act is a federal law in the United States that allows employees to take unpaid, job-protected temporary leave to address family or health-related matters.
It ensures job protection during medical leave in situations such as the birth or adoption of a child or caring for an ill family member. FMLA also covers treatment for substance abuse disorders.
Here are the essential provisions of FMLA every employee should know about:
- FMLA allows eligible employees who worked for a minimum of 12 months to take up to 12 weeks of unpaid leave during 12 months.
- The FMLA job protection guarantees that the employee will return to work at the same position they held before upon completing their leave.
- The employer must maintain the same health insurance coverage for the employee on medical leave as if the employee were actively working.
- FMLA applies to employers with 50 or more employees, public agencies, and elementary and secondary schools.
FMLA for Rehab: Time Off for Addiction Treatment
FMLA recognizes addiction as a severe health condition. Employees have certain legal protections when taking time off work to seek treatment for their illness. This act prevents termination while on leave and supports recovery and treatment.
FMLA mandates advanced notice to the employer and requires proper documentation. Employees must prove that their treatment is medically necessary and conducted under the supervision of healthcare professionals.
FMLA ensures that employees can focus solely on their recovery plan without worrying about losing employment benefits and financial stability.
Is Outpatient Treatment Covered by FMLA?
FMLA protects individuals from losing their jobs during outpatient treatment in certain circumstances. For an employee to be eligible for job protection, a healthcare provider must recommend intensive outpatient programs (IOPs) or partial hospitalization programs (PHPs).
Patients undergo therapy, interventions, and counseling sessions during outpatient treatment at The Ridge Ohio. They help them manage the detox process from alcohol and drug use. Also, we provide services and treatment programs for health conditions that contribute to alcohol addiction, such as:
- Depression
- Anxiety
- bipolar disorder
- post-traumatic stress disorder
- Schizophrenia
FMLA and Substance Abuse Treatment
FMLA applies to employees with serious health conditions who must seek substance abuse treatment recommended by their healthcare provider. FMLA protects against discrimination during leave when seeking medical treatment.
Remember that the FMLA does not protect employees from disciplinary actions resulting from substance abuse at work. Employers can still enforce the rules for a safe workplace, even if an employee has taken leave.
How to Qualify for FMLA?
Patients must adhere to employer-specific rules to keep their employment benefits after being approved for unpaid leave from work to seek addiction treatment.
Employment Length
To be eligible for FMLA protection, employees must have worked for the company for at least 12 months. This period can be consecutive or not as long as it is with the same employer.
Employer Coverage
According to research, granting FMLA leave is required by federal law from the following employer types:
- Public agencies, such as local, state, and government entities
- Private sector companies employing at least 50 people
- Public and private elementary and secondary schools
Location of the Worksite
An employer must have at least 50 employees to ensure compliance and eligibility for an FMLA leave. In addition, they must work within a 75-mile radius regardless of the number of sites worked on.
This ensures that the employer will have enough workforce and resources to continue business operations after an employee is granted leave.
Hours Worked
Employees must have completed at least 1,250 work hours to be eligible for FMLA leave. This is an average of 24 hours per week during 12 months, including overtime. However, employees may not accrue paid-off time, holidays, or other non-working hours toward it.
Reasons for the Leave
The acceptable reasons for FMLA leave include the following:
- Inpatient rehabilitation: Patients who experience repeated relapses in their sobriety should seek inpatient treatment in a rehabilitation facility.
- Outpatient therapy: Patients can receive an FMLA leave when recommended to seek counseling sessions and outpatient programs to maintain their recovery.
- Medical appointments: Patients can use FMLA leave for doctor appointments, assessments, and evaluations of their recovery progress by healthcare professionals.
- Recovery support groups: Patients are eligible to take FMLA leave to participate in support groups, such as Alcoholics Anonymous (AA) or Narcotics Anonymous (NA). This leave allows individuals to seek help and engage in activities that are vital for their recovery from substance abuse.
- Relapse prevention programs: Patients attending relapse prevention programs are eligible for an FMLA leave. During this time, they must learn coping strategies to avoid triggers and reduce alcohol cravings.
- Detoxification: Patients experiencing withdrawal symptoms during a detox can seek FMLA leave to make this process easier to manage.
- Family support: FMLA allows family members to take leave for the care of a family member undergoing addiction treatment.
How to Apply for FMLA Leave for Addiction Treatment
Applying for an FMLA leave is a time-sensitive process that requires documentation and adequate employer notification. It requires medical certification that proves the treatment is medically necessary.
Go through the following steps carefully to ensure your FMLA application is accepted.
Notification and Documentation
Employees must provide adequate notification and documentation to their employers when applying for an FMLA leave.
They must first confirm their eligibility to be granted FMLA leave to seek addiction treatment. They do so by providing medical documentation that proves their substance abuse diagnosis and requires seeking immediate medical treatment.
Employees should notify their employer at least 30 days before taking FMLA leave. Then, they must fill out an FMLA Leave Request Form. Here, they specify the reason for their leave and the expected duration based on the medical provider’s recommendation.
Certification for Employer Requests
When an employee seeks an FMLA leave, the employer can ask for additional documentation that proves the request’s eligibility. This includes the following:
- Initial medical certification: This is the primary document that supports your FMLA leave request. It must be signed by a medical professional and include their information, diagnosis, and the expected duration of your recommended treatment.
- Follow-up medical certification: Employers may request additional documentation, especially if your medical condition changes and you are required to extend your leave period. This includes updated assessments of your condition and new recommendations for treatment.
- Recertification: During your leave, an employer may request recertification at specific intervals, for example, every two weeks. This includes documents that confirm the continued treatment and updates on your progress.
- Fitness-for-duty certification: After you return to work, an employer might request a certification from your healthcare provider that confirms you can fulfill your responsibilities. This documentation should also emphasize any restrictions or accommodations needed for a smoother work transition.
What Are FMLA Alternatives?
Employers who require leave from work to seek addiction treatment but are not eligible for FMLA are advised to research the following options.
State-Specific Family and Medical Leave Laws
Some states provide more generous leave options with looser criteria or additional benefits. For example, some states offer paid family leave programs or longer absences from work than FMLA.
Company-Specific Leave Policies
Check if your employer grants other types of leave, such as personal leave, short-term disability leave, or wellness programs. Some companies offer special provisions for mental health and substance abuse treatments to maintain the employees’ well-being.
Employee Assistance Programs (EAPs)
Through EAPs, you can seek confidential counseling, resources for addiction treatment, and referrals to treatment facilities.
Americans with Disability Act (ADA)
Contact your legal or HR department to learn about the benefits and support guaranteed by the ADA when battling substance abuse issues. ADA advocates for workplace inclusivity and dedication to adequately treating and addressing mental health and substance use issues.
Key Takeaways
- Rehabilitation treatments are covered under FMLA across the United States.
- FMLA guarantees job protection during an unpaid leave from work for employees showing motivation to seek addiction treatment.
- Employees must adhere to specific requirements, such as employment length, hours worked, and location, to be granted FMLA leave.
- Employers may seek additional documentation, such as medical certification and updates on recovery progress, before approving an FMLA leave.
Frequently Asked Questions
Can FMLA Be Used for Alcoholism?
Yes, FMLA can be used for alcoholism since it is recognized as a severe health condition. Employees seeking treatment for alcohol abuse disorder can request an FMLA leave from their employer. They will approve the request as long as it satisfies the requirements. This law protects employees from losing their jobs during their leave.
Is Alcoholism Covered Under HIPAA?
Yes, alcoholism is covered under HIPAA (Health Insurance Portability and Accountability Act). HIPAA is a federal law establishing that all patient data and details of their condition must be categorized as protected health information.
Will Drug Rehab Go on My Record?
Undergoing drug rehab is typically not reported to law enforcement or included in a criminal record unless the court mandates it or is a part of ongoing legal proceedings. If you use health insurance to pay for rehab costs, this will be included in your medical record. However, your medical records are protected by HIPAA and are accessible only to medical personnel.
