According to recent data from the Centers For Disease Control and Prevention , over 13.6 million employed American adults suffer from some form of substance use disorder (SUD). They represent nearly 9% of all workers, in fields like construction, recreation, entertainment, and food services.

Addiction is a serious health condition that affects not only an individual’s job performance but also their mental health and overall quality of life. Without a proper treatment program, addiction can lead to a range of problems, including deadly diseases.

Unfortunately, only a small number of employees report receiving substance abuse treatment every year, with only 1% (1.9 million) admitting they’re on a recovery.

Fear is one of the primary reasons employees don’t seek help for their drug or alcohol addiction. They may be afraid that their condition might affect their job. The prospect of the long-term effort they must put in to heal may also force them to shy away from treatment.

unemployment

But can you get fired for going to rehab?

If you or any of your loved ones suffer from SUD, you may wonder what will happen after you decide to start your addiction recovery journey. Below we’ll share everything you need to know about employee drug recovery, including the federal laws that protect your job security.

The Cost of Substance Abuse in the Workplace

There are several reasons workers turn to drug use in the workplace. Factors like chronic stress, loneliness, long work hours, environmental stressors, painful job conditions, work insecurity, and toxic work cultures increase the likelihood of drug and alcohol addiction.

Male-dominated industries also exhibit higher rates of substance misuse according to the American Addiction Centers. These include jobs in construction, mining, and service industries, as well as safety-sensitive work like trucking and air traffic controls.

Unfortunately, besides the debilitating effects of drug addiction on the victim and their family’s well-being, it also impacts the economy in significant ways.

In addition to the loss in productivity, injuries from workplace accidents are considerably higher when employees suffer from SUD. The US Department of Labor discovered that drug and alcohol use contributes to over 65% of on-the-job accidents.

Companies with SUD issues in their workforce also observe higher rates of absenteeism, turnovers, theft, and management conflicts. Because of these drug and alcohol-related problems, businesses are losing over $81 billion annually per SAMHSA.

Can You Get Fired For Going to Rehab?

Your employer shouldn’t fire you for seeking medical help or deciding to enter a rehab program. Federal laws also offer some protections against discrimination for employees suffering from any form of disability or medical conditions, including those who battle with drug addiction.

However, it doesn’t mean your employer can’t fire you from your job. If your condition interferes with your ability to work and affects your performance or if you engage in improper behavior in the workplace, it is within your employer’s rights to terminate your contract.

Frequently skipping shifts, working under the influence of alcohol or drugs, or deliberately violating your company’s policies can all be legal grounds for termination. Still, there are ways you can approach your recovery without losing your valuable livelihood.

Talking to Your Employer About Your Condition

Whether or not you’re aware of it, addiction can affect your career in many ways. You may fall behind in your commitments, keep coming down on illness, or be unable to focus on your tasks. Talking with your employer and communicating your situation is a great place to start.

  • Be Transparent: Be open and honest about your condition. Communicating your genuine desire to seek help allows your employer to provide the much-needed support in your journey.
  • Tie-Up Loose Ends: Ensure everything is settled before taking a leave of absence. Coordinate with your managers and coworkers to handle the remaining duties while you’re away.
  • Keep It Private: If you’re concerned about your colleagues’ perceptions about you, remember that you’re entitled to privacy. You don’t need to tell your co-workers about your reasons for taking time off.

Some companies offer employee assistance programs or EAPS. For those who qualify, you can use the EAPS to receive medical counseling or referrals to drug rehab centers. Don’t forget to check with your insurance provider for your insurance coverage.

What Protections Are Provided in the Workplace?

There are a few laws protecting recovering SUD patients when seeking time off work to enroll in a treatment center. It’s a good idea to familiarize yourself with these laws and regulations to help in your journey to bounce back from substance use disorders.

Rehabilitation Act of 1973

The Rehabilitation Act of 1973 is one of the first federal acts addressing equality in the workplace. It mandates that those who suffer from disabilities, including but not limited to mental health diagnoses, be provided the same opportunities, programs, and services.

Fortunately, RA 1973 recognizes substance use disorder and mental health conditions as a disability. So, if you work in any government or federal position, you may also qualify for provisions related to SUD or AUD.

The Americans with Disabilities Act (ADA)

For those who don’t work for the government and are worried about becoming unemployed, the Americans with Disabilities Act offers some protection for workers with a history of drug or alcohol use.

Under this mandate, you won’t have to worry about your employer terminating your contract based on your decision to seek professional help. It also stipulates that the recovering individual be provided with reasonable workplace accommodations, such as a modified schedule.

However, note that the ADA only applies to employees attempting to recuperate and are no longer actively using illegal drugs. It also treats alcohol misuse more leniently and covers those who are “an alcoholic or recovering alcoholic.”

If you think you’ve been treated unjustly after deciding to attend drug or alcohol rehab programs, the ADA allows you to file a formal complaint against your employer.

Family and Medical Leave Act (FMLA)

Unlike the ADA, the Family and Medical Leave Act grants employees undergoing addiction treatment and other medical reasons a job-protected leave. The act permits up to 12 weeks off work for qualified workers.

While an FMLA leave is unpaid, it provides ample time for someone to receive the necessary help to bounce back from an illness. The employee also continues to receive health insurance benefits as they heal.

To qualify for an FMLA leave, you must:

  • Have a qualifying reason to file for a leave
  • Worked for the employer for at least one year
  • Worked for at least 1,250 hours
  • Worked in a location with at least 50 other employees

Finally, the employer must be covered under the FMLA Act. Like ADA, this leave also doesn’t protect ongoing substance users or those who violate workplace policies.

Health Insurance Portability and Accountability Act (HIPAA)

The Health Insurance Portability and Accountability Act, enacted in 1996, aims to safeguard your rights to privacy on health information. This means all records involving your health conditions must be treated with confidentiality.

This law primarily applies to healthcare providers handling protected health information (PHI). Under HIPAA, those who seek professional help to address SUD or AUD can rest easy that no one, not even your employer, can access your medical records without your permission.

Best Treatment Options For Workers Who Suffer From SUD

Knowing your options for treatment is one of the most vital steps you should take when considering a rehab program. With the right treatment facility, you can access comprehensive yet practical interventions that could allow you to keep your job while healing.

Outpatient Rehab Programs

An outpatient treatment program is a less restrictive version of an inpatient program. In this approach, the recuperating patient receives therapy and other services in a facility but returns home at the end of the day.

Rehab centers provide a wide range of treatment services in an outpatient program. Depending on your situation, this can include outpatient detox treatment, therapy sessions, support groups, physical checkups, medications, and other resources.

Outpatient plans typically fall under two categories: partial hospitalization (PHP) and intensive outpatient (IOP).

PHP is the most intensive where patients receive five to six hours of daily treatment with a focus on resolving problematic behaviors during early recovery. IOP is the most flexible, requiring only three hours of sessions for three to five days weekly.

Final Thoughts: Getting the Help You Need

Don’t let addiction derail your career. Long Island Interventions offers a full continuum of comprehensive services, including outpatient and inpatient programs for employees desiring to break the toxic cycle.

Reach out and start healing today!

References

Published on: 2025-04-01
Updated on: 2025-04-01

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