How To Request Time Off Work For Rehab
Being healthy is essential for being a productive and high-quality employee. If you need to enter rehab, there are steps you can take to increase your chances of approval by your employer.
Author Susanne Reed, PhD
Requesting Time Off Work For Rehab
Discussing rehab with your employer can be a stressful and overwhelming experience. However, it doesn’t have to be. You can prepare answers to questions they may have about your leave, which will help you feel more confident and enable your employer to understand the rehab process and your need for treatment.
1. Determine Your Treatment Plan
The first step in getting the help you need is to develop a treatment plan with licensed professionals from the rehab you wish to enter. They will assess your needs, which will provide them with an idea of how long you will be away and what your treatment plan entails. Based on the results of your assessment, they can give you an estimate of how much time away from work you will need to request.
2. Check Family Medical Leave Act (FMLA) Eligibility
According to the U.S. Department of Labor, the FMLA was created to support those who need treatment for a serious health condition, including a substance use disorder. The treatment must be recommended and provided by licensed treatment professionals and facilities.
While leave times vary, FMLA allows 12 weeks of leave for non-military workers and 26 weeks for service members.
Your employer may require specific paperwork to be completed to request FMLA coverage. It is essential to submit the form before the company’s deadline. Employers typically have a limited time in which they must respond. Check with your company’s policies to see the time range, which may be between a few days and a week.
The FMLA applies to companies with 50 or more employees within a 75-mile radius of the workplace, as well as to government agencies, public schools, and private schools. To be approved, you must meet the following criteria:
- You have worked for the company for at least one year.
- You have worked at least 1,250 hours within the last 12 months.
Some states have different FMLA eligibility requirements. It is essential to check with your employer or research your state’s specific guidelines online.
3. Review Company Policy And Benefits
You must review your company’s policy and benefits regarding requesting time off for rehabilitation. While the FMLA can offer some help, it cannot prevent companies from creating policies regarding terminating employees who misuse substances while on the job. If your substance use interferes with fulfilling job duties, they may also be able to take action.
Employers are protected by the Americans with Disabilities Act, which requires them to ensure a drug-free and safe workplace for their employees. It allows them to take action against someone engaging in the illegal use of drugs since it is not considered a disability. It does protect employees who are rehabilitated, though. Employers cannot discriminate against anyone in recovery who has had a previous drug or alcohol use disorder.
Many companies recognize the need for mental health and substance use disorder treatment and want to help employees get the help they need. Some companies have an employee assistance program (EAP) to help you receive treatment, while others may provide further resources. It’s important to review your company’s policy to determine what benefits are available to you.
4. Decide How Much And With Whom to Disclose
If you work for a small business, you can likely choose the leader you feel most comfortable with to discuss seeking treatment. In larger corporations, you may need to discuss a leave of absence with the human resources department, a manager or supervisor, or another authorized individual.
You may not need to disclose every detail of your reason for requesting time off work for addiction treatment, but you should be honest and transparent. You are protected by the Health Insurance Portability and Accountability Act (HIPAA), which protects the privacy and security of your health information. In other words, doctors are not allowed to disclose any information to your employer without your consent.
5. Schedule A Time To Meet
Dropping by unannounced may cause an adverse reaction. Instead, schedule a private meeting at a time that is best for you and your manager, EAP staff, or human resources team member.
You must give employers significant notice when you know in advance that you are entering rehab. Employers appreciate being able to prepare for your leave. According to the U.S. Department of Labor, provide at least a 30-day notice when possible. If you need to enter treatment sooner than that, you should give notice as soon as possible after receiving the referral.
6. Address Job-Related Concerns
The thought of you leaving the workplace for an extended period may cause your employer to worry about projects you were working on and how your leave will impact productivity or the overall work environment. Prepare in advance a solution to address any job-related concerns your employer may have, including:
- How unfinished projects will be completed
- Your intentions for returning to work
- Your dedication to the company
- When you plan to return to work
- If there are options for working while in rehab
You may also want to prepare to explain to them the importance of treatment for substance use disorders and how it enables people to return as better employees. Explain that you will dedicate your time before your leave of absence to ensuring a smooth transition for everyone involved.
7. Put Everything In Writing
If it is not documented, there is no proof of your request, approval, or denial. Therefore, everything you do regarding requesting time off work for rehab should be in writing, such as:
- Using the specific forms of the company and FMLA
- Request a meeting by email
- Send a follow-up email confirming the key points discussed in the meeting and save a copy for future reference
In the event of disagreements or misunderstandings, it can be challenging to prove oral or handshake agreements. When it is in writing, you have a contract between you and your employer that outlines the details of your plan to seek treatment and your job status during and after treatment.
8. Assure Your Commitment To Work
Employers want to feel you are committed to returning to your job before agreeing to an extended leave of absence. They worry you may find another job or decide you don’t want to return, leaving them with months of unfinished projects. It is crucial to ensure your employer that you will be back and be a better, more productive employee.
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Criteria For Proving Medical Necessity
Requesting medical leave for rehab may require you to provide certification of medical necessity. This also means getting certification that you have a serious health condition, as defined by FMLA.
Medical necessity criteria may include the following:
- Contact information for the rehab
- Date of onset of substance use disorder
- Appropriate medical facts about the substance use disorder
- Proof that you cannot perform job-related duties due to the disorder
- An estimate of how much time will be spent in treatment
The referral must be from a licensed healthcare or treatment provider. Your employer may require a certification stating that you are healthy and ready to return to work upon completing treatment.
In What Cases May Time Off For Rehab Be Declined?
Knowing the reasons you may be declined for taking time off work for rehab will help you prepare for discussing your needs with your employer. Some employers may reject your request due to the following:
- They have fewer than 50 employees and do not qualify under the FMLA.
- You have worked less than 1,250 hours within the last 12 months.
- You have already used your 12-week FMLA leave within the 12 months.
- The healthcare provider is not certified.
- You do not follow the employer’s policies on applying for leave.
If the employer believes the request or certifications are inaccurate or unnecessary, they can request further information before making a final decision. However, the time frame is typically within 15 days for reaching this decision.
What If I Don’t Get Approval To Go To Inpatient Rehab?
Many treatment options exist for getting detox and rehabilitation for substance use disorders. If you cannot get approval to go to inpatient rehab, contact local outpatient treatment centers that offer rehab after work hours. With outpatient treatment, you can still receive medication-assisted treatment (MAT), therapy, group therapy, family therapy, and more. Additionally, you can access virtual programs, including counseling, MAT, and support groups, outside of work hours.
If you believe your employee rights regarding rehab leave are being violated, you may want to seek legal advice. However, working with your employer is often the best approach for finding a solution that benefits both you and the company.
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When you are ready to seek treatment, one of the first steps is to locate the rehab facility you wish to enter. You can do this by seeking a referral from your healthcare provider, counselors, or other professionals. They will provide an assessment to determine which type of rehab best suits your needs and can help you navigate asking for time off for rehab from your employer. You can also explore our rehab directory or contact a treatment provider to explore your rehab options.
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