Does FMLA cover drug rehab? If you or a family member need to get help for substance abuse, you might worry about being able to take time off from work to get the treatment you need, especially if you think it will risk losing your job.
That is why so many people wonder whether they are protected by the Family and Medical Leave Act.
What is the Family and Medical Leave Act?
The Family Medical Leave Act is a federal law, passed in 1993 which is designed to help employees get access to healthcare as well as healthcare related support when they undergo a crisis or a major life event.
The law allows people access to healthcare during events like:
- The birth of a new baby or bringing home a foster or adopted baby
- Caring for a family member who has a severe illness or caring for yourself if you have a severe illness
Drug addiction is considered a severe illness, which means it falls under the provisions allowed by this law.
So, does FMLA cover drug rehab? In certain cases it can allow you access to unpaid medical leave.
Note: The FMLA does not cover the cost of care nor will it pay you while you are away. What it provides is unpaid medical leave up to 12 weeks where you are not at risk of being fired or losing your job because you are not present.
Does FMLA Cover Drug Rehab?
Yes, it can if you meet the right qualifications.
Updated in 2012, the Code of Federal Regulations, section § 825.119, states that drug abuse can be considered a serious health condition if it meets a list of requirements.
What are those requirements?
- Your drug abuse or that of a family member has to be so severe that it prevents you from performing your essential duties at work
- Your drug abuse must be something severe enough that it requires ongoing professional treatment like inpatient care
Note: Drug addiction is not the only serious condition that qualifies for FMLA. You can apply these benefits to things like addiction, Alzheimer’s disease, depression, cancer, PTSD, pregnancy, or nervous system disorders.
When applied, your healthcare providers do not share information about the treatment you are receiving with anyone else, so you can seek care for substance abuse without your employer or anyone at work knowing that that is how you are choosing to apply for your benefits or why.
What Qualifies as Care?
For qualifying illnesses or issues, you are allowed to take up to 12 weeks however, those unpaid 12 weeks are only for official treatment where your doctor referred you someplace or you are checking into a treatment center.
For example:
Janet needs to get help for an addiction. She doesn’t need to tell her boss that that’s what it’s for, but she does need a referral from her doctor and must use the 12 weeks of covered time to check into a legitimate treatment center. She cannot simply sit at home and try to quit cold turkey.
Note: While FMLA can be applied to drug abuse, there are still situations where action can be taken against you if the drug abuse violates a previously agreed upon company policy or employer policy, a contract that you signed or agreed to follow at some point prior.
For example:
Jonathan signed an agreement stating that he would work in a drug-free capacity and never be under the influence of drugs while at work. He then got in trouble for being under the influence at work and opted to use his FMLA time to seek treatment at an inpatient residential center.
When Jonathan returned to work, his employer was legally allowed to take action against him as stipulated in the employee agreement he had signed at the beginning of his time with that company. The agreement stated that it was up to the manager’s discretion, but violation of the agreement could result in suspension or termination.
To be clear, in this case, Jonathan’s employer would be well within his rights to terminate Jonathan for violating the previously signed agreement but not for using his benefits to get help.
What Types of Drug Rehabs Are Available?
When you apply your benefits to a drug and alcohol detox center, you have different options available. With Sequoia Detox Centers, we offer a full continuum of care for those in need, including:
- Detox
- Residential
- PHP
- IOP
- Outpatient
- Aftercare
Our team works hard to provide a wide range of care so that clients can transition through different levels as they need. This makes it easier for clients and their families to find the right level of care and, where necessary, transition to a program with more or less support throughout the recovery process.
Overall, the FMLA can be applied to your care when you meet the right circumstances. We can help you decide whether these benefits work toward your needs and what level of care is best.
Contact us today at help@sequoiadetoxcenters.com or call 1-866-824-0709 to discuss it.