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Family Medical Leave Act (FMLA) for Addiction Treatment

  • Reviewed by: Dr. Carl Williams, Ph.D., LCADC
  • Modified:
  • Reading Time: 8 minutes
  • Reviewed by: Dr. Carl Williams, Ph.D., LCADC
  • Last Update:
  • Reading Time: 8 minutes

Learn how the Family Medical Leave Act (FMLA) supports individuals in addiction treatment, offering job protection and time off for recovery without penalty.

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If you struggle with alcoholism, you may have trouble with your work engagement or punctuality. Substance misuse may result in an employee’s dismissal. However, if the FMLA protects them, they may maintain their jobs while still receiving the addiction treatment they need.

Those who struggle with addiction may take advantage of the FMLA (Family Medical Leave Act). The statute may safeguard some persons who wish to go to treatment but skip employment to participate.

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Eligibility & Protections for Employees

What is FMLA?

The Family Medical Leave Act allows eligible employees to take up to 3 months without pay to assist a family member or self-care after a severe illness. It can also be used to care for a new child or attend to the needs of a newly placed foster child. So FMLA may apply to those trying to receive addiction treatment. 

Rules Of FMLA

  • To qualify for FMLA, you must have worked for your employer for at least 12 months and have worked at least 1,250 hours over the past 12 months. 

  • Your job is protected while you’re on leave. You will be able to return to your same or a comparable position when you return.  

  • Your employer cannot retaliate against you for taking FMLA leave. 

  • Under the Family and Medical Leave Act (FMLA), the owner cannot penalize an employee for taking time off to undergo medical care.

  • Employers may still fire an employee even if they include language in their agreement prohibiting drug usage.

  • FMLA may be available to family members to care for loved ones in recovery so they can remain home with their children.

How to Apply?

  • If you feel you may be eligible for FMLA leave, contact your HR department or employer to learn more. 

  • You will likely need to provide proof of your illness or injury, such as a doctor’s note. 

  • If you are approved for FMLA leave, follow all the rules and regulations to return to your job after your leave is up.

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Defining Severe Health Conditions for FMLA

What is a "Severe Health Status" Under FMLA?

Anything that hinders you from executing your job’s necessary tasks is considered a significant health issue. An in-patient stay or long-term therapy from a medical practitioner is required for this condition. This covers a broad range of medical conditions, as one would expect.

Psychological severe illnesses that the FMLA protects include the following:

Is It Safe?

The answer is yes. Your healthcare professionals are prohibited by law from disclosing your personal health information unless it is necessary to provide you with treatment. As a result of the 1996 HIPAA law, in today’s case (HIPAA).

Thanks to HIPAA, you don’t have to reveal the facts of your rehabilitation to anybody if you don’t want to. In addition, as a result of HIPAA, you may control who can access your medical records.

Moreover, if someone thoroughly searches you, they won’t be able to view any details about your medical history. Your medical file can only be accessed if you receive treatment from a healthcare provider who needs your clinical record to develop an appropriate care plan.

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How Long is the Course of Treatment?

This is a difficult question depending on the person’s specific situation and needs. Generally, addiction treatment can last anywhere from a few weeks to a few months. However, some cases may require a person to participate in therapy for an extended period.

It is essential to consult with your treatment team to develop an individualized treatment plan that will work best for you. Depending on your needs, you may be required to attend treatment for specific days or weeks. However, you may sometimes need to participate in therapy for an extended period.

Is the FMLA Mandatory for All Employers?

The FMLA is a federal law, so it is mandatory for all employers that meet the criteria. However, not all employers are required to offer the same unpaid leave.

Employers with fewer than 50 employees are not required to offer FMLA leave unless the employee has worked for the company for at least one year and 1,250 hours.

Is Alcohol Addiction Included Under the FMLA?

Yes, alcohol addiction is included under the FMLA. You should be eligible for FMLA leave if you can provide proof of your illness or injury. In addition, the FMLA offers several protections to employees dealing with addiction and other serious health issues.

Did You Know Rolling Hills Recovery Center Can Help You With FMLA?

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Key Benefits of Taking FMLA Leave for Personal & Family Health Needs

Advantages of FMLA

1. Provides job security.

2. It allows you to take time off to focus on your health.

3. Offers several protections for employees with addiction and other serious health issues.

4. Allows you to take time off to attend addiction treatment.

5. Protects your job while you are in treatment.

6. Allows you to take time off to recover from addiction.

7. Helps you maintain your insurance coverage.

8. Provides peace of mind.

9. Allows you to take time off to care for a loved one dealing with addiction or a severe health issue.

10. It Allows you to take time off to deal with your addiction or severe health issue.

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In Conclusion

Understanding Your FMLA Rights

FMLA is a great initiative that helps employees take time off to deal with addiction or severe health issues. If you are struggling with addiction, learning about your rights and protections under the FMLA is crucial. In some cases, you may be able to take time off to attend addiction treatment.

It is also important to remember that the FMLA is a federal law, so it is mandatory for all employers that meet the criteria. This means that you have many rights and protections under the FMLA.

So, do not worry – you are not alone.

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Written By:

Geoffrey Andaria

Geoffrey Andaria mental health writer at rolling hills recovery center
Rolling Hills Recovery Center

Mental Health Writer

About Author:

Geoffrey Andaria is an experienced mental health content writer and editor. With a B.A. in English and Journalism, Geoffrey is highly educated in freelance articles and research. Having taken courses on social work, Geoffrey is adamant about providing valuable and educational information to individuals affected by mental health and the disease of addiction.

Medically Reviewed By:

Dr. Carl Williams Ph.D., LCADC

Carl Williams, medical content reviewer at rolling hills recovery center
Rolling Hills Recovery Center

Expert Contributor

About Reviewer:

Dr. Williams presently serves on the board of Directors for two non-profit service organizations. He holds a Master’s degree in Human Services from Lincoln University, Philadelphia, Pa, and a Ph.D. with a concentration in Clinical Psychology from Union Institute and University. In Cincinnati, Ohio. He is licensed to practice addictions counseling in both New Jersey and Connecticut and has a pending application as a practicing Psychologist in New Jersey.

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