Can I Get My Job Back After Rehab?

Will I Still Have A Job After Rehab?

Whether or not you will have a job after rehab may be different for each person, depending on the type of job, the employer’s policies, and the laws that protect your employment rights. It may also depend on how your substance abuse affects your job productivity or work environment.

The decision to seek addiction treatment is crucial, and while many people fear losing their jobs, getting healthy is a more critical priority. By choosing to undergo treatment, you will not only enhance your career opportunities by getting sober but also improve your overall quality of life.

What Job Protections Do I Have When Going To Rehab?

Certain governmental laws protect a person’s job when they enter recovery and when they have been in recovery for a while. However, the laws have specific exceptions and limitations that apply to both employees and employers.

One of the first steps to take is to discuss your desire to enter rehab with your employer, who may already see changes in your performance. They may notice that you are falling behind on responsibilities, skipping shifts, or struggling to focus.

When it comes to letting your employer know about your decision to go to rehab, you should emphasize that you’re prepared to take the necessary steps to get help. Be as transparent as possible about your willingness to seek help. The more honest and upfront you are about the situation, the more your employer can assist you in the process.

Before talking to your employer, learn as much as you can about your rights and the laws that apply to entering treatment.

Family And Medical Leave Act (FMLA)

The FMLA provides up to 12 weeks of unpaid leave from work for civilians and up to 26 weeks for military personnel. During your leave, your employer cannot terminate your position or your group health benefits. To qualify for FMLA job protection, your employer must meet specific requirements, such as:

• Being a private organization with 50 or more employees, within a 75-mile radius, for more than 20 weeks in the calendar year
• Being a public organization, such as a local, state, or federal agency or school

Employees must also meet specific requirements to use FMLA to enter rehab. The criteria include the following:

• Working for an employer who meets the above qualifications
• Working for at least 1,250 hours in the previous 12 months before the leave
• Working for the employer for at least 12 months, even if the 12 months were not consecutive

While FMLA refers to unpaid leave, the law allows employers to set their own policies regarding whether or not you must also use paid vacation or sick leave as part of the program. This means you may be approved for FMLA to enter rehab, but you may also be required to use vacation, sick, or disability leave during that time.

FMLA requires you to have a medically deemed “serious health condition” to qualify for FMLA. Employers may require you to receive medical certification verifying your substance use disorder (SUD) is a serious health condition and that you need treatment to resolve it. Receiving an assessment and diagnosis from a licensed physician or addiction treatment specialist is often necessary.

A serious health condition refers to one or more of the following:

• You need to stay overnight in a hospital or medical facility.
• You cannot work three consecutive days because of your illness and need ongoing treatment.
• Your illness incapacitates you at least twice a year or is chronic.
• You are pregnant—with or without a SUD. This includes attending medical appointments and taking time off due to illness or bed rest.

Qualifying employers are not allowed to interfere with or deny your FMLA rights. They cannot retaliate against you, either. However, if you work a part-time job and your employer does not qualify for FMLA, you may be at a higher risk of losing your job. However, many employers see the benefits of someone entering rehab for a SUD.

Americans With Disabilities Act (ADA)

The ADA protects employees who are in recovery from an addiction since having a SUD impacts how the brain functions. You must qualify as having a “medical disability,” which can fall under one or more of the following definitions:

• You have a physical or mental impairment that substantially limits one or more major life activities.
• You have a history of an impairment that substantially limited major life activities.
• Someone has falsely assumed you have an impairment and has discriminated against you based on that assumption.

The ADA disability definition is different for alcohol and drugs. Alcohol addiction can be a current disability or in the past, while drug abuse must only be in the past. You must also be in recovery. Drug users are covered under ADA when one of the following is present:

• You have been successfully rehabilitated and no longer use drugs.
• You are currently participating in a treatment program and are no longer misusing illegal substances.
• You are falsely accused of using illegal substances.

While you have protections while in recovery, employers are bound by law to ensure a safe and drug-free workplace for all. This means they must follow rules, like:

• Prohibiting the use of drugs in the workplace.
• Requesting that you take a drug test.
• Firing you for currently using drugs on the job.
• Requiring you to uphold the same duties and productivity as other employees.

If you are using drugs on the job site, you are not considered a person with a disability. Employers are required to follow the regulations established by the Drug-Free Workplace Act of 1988, which may impose additional standards beyond those listed above, depending on the type of workplace.

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Can I Work While In Rehab?

Depending on the severity of your substance use disorder, there may be instances where you can work while in rehab.

If the results of your assessment determine that you can benefit from outpatient treatment, you may be able to continue working while getting the help you need. However, your employer has the right to ensure a safe workplace environment, which means your substance use must not pose a threat to the job, or you risk losing your employment.

Talking to your employer is always a good practice. If you are a good employee, they will likely want to help you get better and allow you to seek treatment outside of your work hours. Options for outpatient treatment include the following:

• Intensive outpatient programs
• Medication-assisted treatments
• Support groups
• 12-step facilitation groups
• Methadone clinics

Working while in rehab is a critical decision. The advantages of working while in rehab may include financial stability, confidentiality protections under HIPAA laws, and avoiding delays on essential projects. Disadvantages may consist of you not getting to focus only on healing and properly treating mental health and substance abuse issues. You may also continue to face triggers that tempt you to relapse.

Returning To Work After Treatment

Before returning to work after rehab, your employer may require you to obtain a health certificate from a doctor or treatment specialist stating that you are healthy and able to perform your duties. Even when deemed capable of returning, you may want to consider certain factors and prepare for those before going back to your old job. Contemplate how the following, if applicable, will impact your recovery:

• Physical requirements of the job
• Work culture and attitudes regarding substance use
• Access to drugs or alcohol on the job
• Stigma related to seeking treatment
• Negative factors that may trigger relapse

Your recovery must be a priority, even if that means not returning to the work you had before you entered rehab. You want to choose employment that offers support for your recovery, such as:

• Promoting social bonds
• Providing opportunities for learning and growth
• Offering resources to help you succeed
• Seeing you as a valuable team member
• Offering promotional opportunities
• Treating you fairly

Favorable work conditions make it less likely that you will want to self-medicate for stress or physical aches and pains. They provide you with what you need, both mentally and physically, to sustain long-term recovery.

Can I Be Fired For Going To Rehab?

While the FMLA and ADA provide some protections regarding rehab and getting your job back, they are limited. Employers have the right to fire you under some circumstances. Many employers require you to sign an agreement when you return to work after going to rehab. If you violate that contract, they may terminate you. If you relapse and begin using substances on the job, or if you are sober but your work productivity or behaviors go against company policies, they can fire you.

Employers have numerous rights when it comes to ensuring their employees work in a safe, drug-free environment. They have the right to test you for drugs or alcohol, and based on the results, can terminate you if you fail. If the employer has evidence that substance use is a factor at work, they are protected if they fire you. However, if they do not have evidence, you may have legal employee rights after rehab to fight your termination.

What If My Job Has Been Filled While I Was In Rehab?

If your employer fills your job while you are in rehab, they must provide you with the same job or an identical job upon your return to work. The job that you return to must have at least the same pay, benefits, and other duties or conditions.

The FMLA requires employers to hold your job while you are in treatment for up to 12 weeks. The ADA prevents employers from firing you if you are in recovery. With both, there are exceptions, so it is always best to check with an attorney who understands those regulations.

How To Find A New Job After Rehab

If you have job-related concerns that may jeopardize your recovery, consider finding a new job after completing treatment. Many job resources exist today that you can access to improve your chances of getting a great job that supports your sobriety, including:

• Attending local job-training programs
• Using local job search assistance programs
• Networking with people you know
• Reaching out to employers for feedback
• Utilizing online resources that help people in recovery find jobs
• Using online resume-building tools
• Volunteering at organizations

Remember, you have rights, and you don’t always have to mention that you are in recovery. Also, you can ease back into the job market by starting with part-time or flexible jobs until you are more confident in your recovery.

Recovery must remain your top priority. Staying mentally and physically healthy supports your ability to stay sober. Consider this when job searching to avoid putting yourself at risk for relapse.

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If you feel you need to seek treatment but are fearful about how it will impact your life, you are not alone. However, having an untreated substance use disorder will eventually affect your job much more than entering rehab for treatment. Having an addiction can lead to adverse consequences on and off the job.

Whether you are misusing substances or have an addiction, help is available. Reach out to a local treatment facility to discover how they can help you get the treatment you need through either inpatient or outpatient services. Allow them to assess your needs and create a treatment plan tailored to your situation.

If you’re ready to start your recovery journey, contact a treatment provider or visit our rehab directory today to explore your many rehab options.