Deciding to seek treatment for substance use disorder is a significant step. For those currently employed, the fear of jeopardizing their careers makes things more complicated.
It’s completely understandable to worry about losing your job for going to rehab. However, don’t let these worries get in the way of getting the help you need. Besides, you are more protected against unjust termination than you might realize.
When it comes to seeking help for substance dependence, it’s important to have a clear understanding of your rights as an employee. Take time to learn about federal and state laws applicable to your situation. Here are some laws you should know about:
The goal of the ADA is to end discrimination against people with disabilities, including those who are in recovery from drug abuse. But it also permits employers to impose policies prohibiting drugs and alcohol in the workplace.
If you are engaging in substance misuse while at work, you are not protected under the ADA. This is more so if you do not meet the performance and conduct standards set by your employer. Drug dependency may be considered a substantially limiting impairment, but former casual drug users are not covered.
You are protected under the ADA if you:
Qualified employees may take as many as 12 weeks of unpaid leave annually under the FMLA. However, the job-protected leave is limited to specific family and medical needs. Under FMLA, substance use disorder may be regarded as a serious medical condition.
You may take an FMLA leave for SUD if:
Take note that absence because of substance misuse, instead of SUD treatment, does not qualify for FMLA leave. Also consider any established, non–discriminatory policy on employee termination for substance misuse in your workplace. If such a policy is communicated to all employees, the employer reserves the right to terminate an employee, even one currently on FMLA leave.
The Mental Health Parity and Addiction Equity Act ensures that coverage for behavioral health conditions, including substance misuse, is on par with coverage for physical health conditions. This means that copays, deductibles, and service limits for behavioral health care can’t be more restrictive.
The MHPAEA doesn’t mandate employer-provided insurance to cover substance use disorder treatment. However, if it does, the coverage must be as comprehensive as it is for medical services.
HIPAA is designed to keep your medical records and personal details confidential. This protection is vital for maintaining your privacy and giving you the security to seek the help you need, including that for substance use disorder.
With HIPAA in place, you can confidently pursue treatment knowing that your personal health information is safe and that your employer cannot obtain it without your explicit consent. This allows you to focus on your recovery without worrying about your privacy being compromised.
The Rehabilitation Act of 1973 is a federal act that promotes equality for individuals with disabilities in the workforce. Under this law, individuals with disabilities are those who have a physical or mental impairment that significantly limits major life activities. This includes those with mental health diagnoses and substance use disorders.
Under the Rehab Act of 1973, employers are required to provide reasonable steps to accommodate the qualified individual’s disabilities, unless it would cause the employer undue hardship. This means that you should not be discriminated against by your employer for getting the treatment you need. Of course, this is provided that you no longer engage in substance misuse.
A return-to-work agreement (RWA) outlines conditions an employee must meet to keep their job after violating a workplace policy that would typically result in termination. These agreements are commonly used for employees struggling with drug and alcohol addiction that has affected their work performance.
A return-to-work agreement benefits employers by allowing them to keep skilled employees who would perform effectively if not for their substance use disorder. It also benefits employees by providing them with an opportunity to retain their jobs and avoid the negative effects of substance misuse at work.
Talking to your employer about taking time off for rehab can be quite uncomfortable or even overwhelming. This difficult conversation, however, is necessary to achieve sobriety. Here are some things you can do to better prepare yourself for the conversation and ensure that it goes as smoothly as possible:
It’s best to schedule a private meeting with your employer when you’re less likely to be interrupted. Approach the conversation with transparency and a focus on your recovery. This can pave the way for a supportive and understanding conversation. It’s important to clearly explain how seeking treatment will benefit your ability to perform well in the long term.
The fear of losing your job must not hinder you from seeking treatment for your substance use disorder. After all, taking care of your well-being will help you perform better in your work.
Positive Sobriety Institute understands that sometimes you need to take a step back from your profession to seek treatment. Our Intensive Outpatient Program overseen by our multidisciplinary team of specialists in Chicago can be what you’re looking for. We can also conduct an extensive assessment to come up with the right treatment plan for you.
Start your commitment to long-term sobriety. Contact us today!
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