The idea of seeking treatment for substance abuse and addiction might seem daunting. In addition to figuring out how to finance rehabilitation services, inpatient addiction treatment requires extended time off work. The good news is that addiction treatment doesn’t have to negatively affect your employment as severely as addiction does.
Legal protections under the Family Medical Leave Act (FMLA) are in place for employees who need time off for medical reasons. This covers maternity, care of family members, and medical treatment including rehabilitation for substance abuse.
Everything you need to know about FMLA
The Family Medical Leave Act (FMLA) allows individuals to keep their job and health insurance while they receive medical treatments. This law requires employers to provide up to 12 weeks of medical leave, which employees can use to receive medical treatments, recover from medical procedures, or care for an ill family member. Since addiction can be severely detrimental to health and even life-threatening, rehabilitation for addiction and substance abuse is also covered by FMLA.
The law also protects your privacy. When filing FMLA, you do not need to disclose your specific illness to your employer, only that it’s an FMLA-protected condition. This law also prevents insurance companies from dropping your coverage while you’re in treatment. Through these protections, there are fewer barriers to addiction treatment, allowing you to focus on your recovery and well-being.
FMLA applies for all employees of local, state, or federal government agencies and offices, including public school employees. If you work for a private company, you qualify only if you meet the following requirements:
- You are employed at least part-time (at least 20 hours per week)
- You have worked at your company for a year or more
- Your company employs more than 50 people where you work or within 75 miles
If you meet the criteria for FMLA, you qualify for this benefit under certain conditions that would require extended leave from work. For example, if:
- A serious health condition prevents you from working
- You provide care for a family member with a serious health condition
- You just gave birth or adopted a child
- You have a deployed family member in the Armed Forces
- You are caring for an ill or injured service member or veteran
This law helps make addiction treatment possible for many by ensuring extended medical leave. Though your employer is only legally required to provide up to 12 weeks of unpaid medical leave through FMLA, some of that time may be partially paid depending on company policy. You can also combine FMLA leave with accrued PTO or sick time if necessary to cover the full duration of rehab.
What do you need to do to file for FMLA? You can request the correct form from your employer or find it directly on the United States Department of Labor website. Since addiction treatment is considered a serious health condition, you would use the WH-380-E form. The form has several sections that you, your employer, and your healthcare provider are responsible for filling out. Your employer must then confirm eligibility within five days of the leave request.
Not sure if you qualify for FMLA?
Need help with your application? Feel free to contact us and we will be happy to clear up any doubts.