Seeking treatment is a huge milestone for anyone struggling with substance use disorder. It is also a very brave choice and can be challenging, especially if you have a job. As soon as you choose to enter a rehab facility, you’ll probably have several concerns running through your head such as: “Will you have a job to come back to once you complete your treatment?” and “Which facility should you go to?” Starting with the preparations for your treatment, you can select an Arizona drug rehab facility if you are a resident of the state or whichever rehab center is closest to you. Many of them offer various programs like inpatient and outpatient treatments.
As for those worried about losing their job if they decide to enter rehab, the good news is that the Family Medical Leave Act (FMLA) provides a level of job security when you take a leave due to medical reasons and allows you to take up to 12 weeks of unpaid time off annually without the risk of losing your job. Since substance use disorder qualifies as a medical condition, you are protected by law to keep your job while you are on leave. Under FMLA, your employer will also maintain your existing group health benefits. However, before you file your leave, you need to be aware of several things:
Family Medical Leave Act in Arizona
All 50 states abide by the Family Medical Leave Act since it is a federal law. But if you are employed or reside in Arizona, you should also know the following specifications:
- FMLA is unpaid leave and will not cover your salary while you are on leave. The purpose of the FMLA is to make sure your job is available to you when you complete your treatment.
- You need to inform your employer beforehand to file a leave under FMLA. You must make sure to talk to your employer about seeking treatment before entering a rehab facility. If you fail to do so, you can be terminated.
- Treatment for substance abuse disorder varies and depends on what you will need. FMLA covers all treatment whether it is inpatient or outpatient therapy, as long as you qualify.
Eligibility Under FMLA
The FMLA applies to all public agencies, school employees, and businesses with 50 or more workers. But like any legislation, you need to make sure to qualify before availing yourself of them. As employees, you can take an FMLA-related leave if you meet the following criteria:
- You are an employee of a qualified employer for at least 12 months.
- You completed a minimum of 1,250 hours of employment over the past 12 months.
- Your employer has 50 or more workers within 75 miles of the site.
In case you are not eligible based on the criteria mentioned above, you don’t need to panic. You can still check with your company’s human resources department if your employer covers substance use treatment. Another option is to seek protection under other federal legislation like the Americans with Disabilities Act or the Mental Health Parity and Addictions Equity Act.
Other Federal Laws
The Americans with Disabilities Act (ADA) protects all persons with disabilities, including those who are struggling with substance use disorder. If your employer has 15 workers or more, then this legislation applies. You just need to take note that ADA guidelines state that if you are found using illicit substances at work or if these substances affect your job performance negatively, then your employer has the right to terminate your employment. On the other hand, it will protect your job if:
1. You are currently undergoing a treatment program.
2. You are not using any substances, including alcohol.
If the second condition applies to you, the ADA can grant you reasonable accommodations. It permits you to adjust your work schedule to attend outpatient therapy and take a temporary leave of absence should you need inpatient treatment. However, you can only enjoy ADA protection if you open up your substance use disorder with your employer voluntarily.
According to the Mental Health Parity and Addictions Equity Act or MHPAEA, treatment for mental health and substance abuse disorder are handled the same way as physical health treatments. This means that the health benefits that your employer offers should also cover substance use disorder treatment as they would other health conditions hypertension. In addition, your employer’s health plan should cover substance use disorder treatment under the Affordable Care Act.
Employers Cannot Disclose Your Substance Abuse Problem to Others
You no longer have to worry about your reputation at work being tarnished if you tell your employer about your struggles with alcohol and illicit substance. The law protects your private medical records, so your employer is legally bound to keep your reason for using an FMLA-related leave private.
In conclusion, there are laws to protect you from losing your job while in rehab, but you need to make sure your employment falls under any of the above criteria. There are still certain conditions you need to follow based on where you live, but ultimately, you have several options about your employment status while undergoing treatment, regardless of which state you reside in.
