If you’re about to begin the first steps to seek treatment in overcoming your addiction one of the common questions that pops up is “Can you be dismissed for attending rehabilitation?” The first thing to keep in mind is that substance abuse disorder is regarded as an illness that is medical like hypertension or diabetes. Therefore, rehabilitation would be considered to be medical treatment.
There are a variety of safeguards in place to help keep your job in the event that you need to go to rehab, for example:
FMLA (Family and Medical Leave Act)
The FMLA permits you to take unpaid time off from work for as long as 12 weeks each year. Employers must keep your job up until the time you can return. In addition, your employer must keep any health benefits that you have received during your leave.
This means that you can leave work to attend rehabilitation and not worry about getting fired. However, you won’t receive any compensation during the time. You are able to make use of any personal vacation or time off you can earn.
But, you have to make an application for FMLA permission from the employer prior to when you are able to take it. You don’t have to reveal your alcohol use or drug abuse. You just need to mention that you are taking leave due to medical reasons. Rehabilitation Center in San Diego can also help you by giving your their medical letter that this person is taking treatment from out Rehabilitation Center.
Can I lose my job If I Attend Rehab?
ADA (Americans with Disabilities Act)
The ADA provides a variety of protections to those in recovery, provided they do not use drugs when at work. You should also be enrolled in a rehabilitation treatment program. In particular the ADA can protect your job since your employer is not able to expel you from rehab.
While these safeguards are in place, it’s important to be aware that if you’re using alcohol or other substances in the workplace and your employer discovers it in the act, they may have the right to terminate your job. They can also terminate your employment when your drug use interferes with your job performance.
Are You Able to Go to Rehab and Still Work?
At first, you should be prepared to take at least some weeks off work. If you are not planning to ask for FMLA or intend to tell your employer that you’re beginning rehab, you can take a short-term leave of absence for reason of health or time off for vacation.
You should rest for a couple of weeks from work as you’ll need to detox and this can be difficult to complete if you’re currently working. You should instead concentrate on cleansing and not be distracted by external distractions.
Following your detox and rehabilitation, you can go back to work, but you can also be in rehab by enrolling into Alcohol Treatment Program in San Diego or any city of California. This type of program gives you the freedom to work. When you’re not working you’ll either be in rehab or staying at home.
Can I get unemployment benefits while I’m In Rehab?
It is contingent upon whether you’re already getting unemployment insurance or not. You may still be eligible for unemployment benefits while in rehab in the event that you’re getting unemployment payments. You may have to seek out jobs and fulfill other requirements in order to keep your benefits.
If you are on medical leave in accordance with the FMLA it is not possible to claim unemployment benefits. It is still considered that you are employed as the employer will hold your job until you can return to work. You may be eligible to receive assistance in paying for your rehab under an insurance program called the ACA (Affordable Health Care Act).
One of the essential health benefits that need to be provided through insurance sponsored by employers or insurance purchased by the Health Insurance Marketplace must include insurance for addiction disorders.
What can I do to protect myself if I Attend Drug Rehab?
You don’t have to worry about the possibility of your employer finding out that you are going to rehabilitation. Your health insurance provider as well as the rehab center you receive treatment from are legally bound by HIPPA which means that they are not able to reveal your treatment to your employer without signing the release.
It may also surprise you by the fact that rehab facilities are not able to divulge to your family members any details about your treatment unless you have given them permission. Therefore, if you’ve concealed your drug use from your family and are planning to get into rehab and not let them be aware.
What happens if I get fired for attending Rehab?
There are certain instances in which you might be dismissed for going to rehabilitation. In the case of example, you did not apply for FMLA and you don’t attend work. Your employer may be forced to terminate your employment because you were the type of employee who was a “no-call non-show.”
Another reason for firing is if your employer follows established policies regarding drinking and drug abuse and can provide evidence that you used drugs when “on working.” They could terminate you.
In addition to those exemptions in the event that you are terminated for attending rehabilitation, you may have grounds to file an claim for wrongful termination. But, you’ll need consult an experienced legal professional.
