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Getting help

Can I Go to Rehab and Keep My Job?

What federal law actually protects when you need treatment for a substance use disorder, who qualifies, and how AnchorPoint fits around a job that cannot just stop.

Written byJulie NaveClinical Director Published 5 min read

Research on more than 110,000 full-time employed adults found that people with severe alcohol use disorder (AUD) miss roughly 32 days of work a year, compared with 13 days for workers without it [1].

Your job is already paying for this. The question is not whether you can afford to step away for treatment. It is whether you can afford to keep waiting.

What federal law protects

For most working men, the hard part is not the treatment. It is the conversation with human resources. That fear deserves to be taken seriously, and it also deserves to be checked against what the law actually says.

There is a federal regulation in place, and it is called the Family and Medical Leave Act (FMLA). It:

  • Gives eligible employees up to 12 workweeks of unpaid, job-protected leave in a 12-month period
  • Requires the employer to maintain group health coverage during that leave
  • Requires that you be restored to the same or a virtually identical position when you return [2]

Does FMLA leave cover rehab?

In most cases, yes. Federal regulation states that substance abuse may qualify as a serious health condition, and that FMLA leave may be taken for treatment with a health care provider, or with a provider of health care services on referral from one [3].

There is one boundary. Absence caused by using the substance, rather than by treatment for it, does not qualify [3]. Showing up impaired is not protected. Entering a program is.

Who qualifies for FMLA leave?

Three conditions have to be met:

  • You have worked for the employer for at least 12 months
  • You have logged at least 1,250 hours of service in the 12 months before your leave starts
  • You work at a location where the employer has at least 50 employees within 75 miles [2]

That last condition rules out many small businesses. If your employer falls under the threshold, you still have options, and the section below explains why.

Can my employer fire me for going to treatment?

Your employer may not take action against you because you exercised your right to FMLA leave for treatment. However, if the company has an established, non-discriminatory policy that permits termination for substance abuse, you may still be fired whether or not you are on leave [3].

The Americans with Disabilities Act (ADA) adds a second layer. Addiction to alcohol is generally treated as a disability, and for opioids and other drugs the law protects a man in recovery who is no longer using illegally. Reasonable accommodations can include things like a schedule change or leave to attend treatment. The ADA applies to private employers with 15 or more employees, along with state and local government [4].

None of this erases the conduct rules. You can still be held to the same performance and behavior standards as every other employee [4]. But in any scenario, asking for help is not, by itself, grounds for losing your job.

Do I have to explain the diagnosis?

No. The first time you request leave for a qualifying reason, you do not have to name the Family and Medical Leave Act, but you do have to give your employer enough information to recognize that the leave may be covered [2].

You have a serious health condition, your provider is recommending inpatient treatment, and you need leave to begin on a specific date. Human resources handles the certification paperwork from there, and our admissions team can walk you through the forms step by step once you have told HR you need medical leave.

Can the treatment center talk to my employer?

Not without your written permission. Federal rules keep addiction treatment records private. When they are shared, only the part that is actually needed can be shared [5].

Your employer may receive a certification confirming that you are under a provider’s care and unable to work — not the clinical detail behind it.

How long will I be away from work?

The residential program at AnchorPoint runs about 30 days, sometimes 45. That number carries more weight than most men expect, because how long a man stays is one of the strongest predictors of how he does afterward.

What if I cannot take thirty days off?

Then we build a different plan. Through our brother program, Holdfast Recovery, men can step into a Partial Hospitalization Program (PHP) running about six hours a day, five days a week, followed by a two-phase Intensive Outpatient Program (IOP) at three to five days a week for about three hours a day.

For men who have to keep working, the flexible IOP track is often the honest starting point. Something real and sustainable beats a perfect plan you abandon in week two.

Providing for yourself means providing for others

Ask a firefighter, a union tradesman, or a combat veteran why he waited, and the answer is rarely about insurance. It is about identity. He is the provider. He is the one who holds the line. Admitting he needs help can feel like vulnerability, but it is not.

Walking into treatment is not the moment a man stops providing for his family. Recovery is the road back to becoming the leader of your home and rediscovering purpose.

What matters most

  • Treatment for a substance use disorder can qualify as a serious health condition under the FMLA, which gives eligible employees up to 12 workweeks of unpaid, job-protected leave
  • Eligibility turns on three things: 12 months of employment, 1,250 hours of service, and a worksite with at least 50 employees within 75 miles
  • Your employer cannot retaliate against you for taking FMLA leave for treatment, though an existing substance abuse policy and performance standards still apply
  • You are not required to disclose a diagnosis, only enough information for your employer to recognize that the leave may qualify
  • Federal confidentiality rules keep your treatment records out of your employer’s hands without your written consent
  • If a full residential stay is not workable, a PHP or IOP through our brother program, Holdfast Recovery, can be built around your schedule
  • Protections vary by employer size and by state, so confirm your own situation with your human resources department or an employment attorney before you finalize a plan

Take the first step without losing your livelihood

AnchorPoint is a Christ-centered residential program for men in the Arizona high desert, with dedicated tracks for veterans and first responders. We work with most major insurance plans, including Aetna, Blue Cross Blue Shield, Cigna, United Healthcare, Humana, GEHA, Carelon, ComPsych, TRICARE, TriWest, and more. We do not accept Medicare or Medicaid.

Talk with admissions and we will verify your benefits and walk you through a leave plan.

Sources

[1] Parsley, I. C., et al. 2022. Association Between Workplace Absenteeism and Alcohol Use Disorder From the National Survey on Drug Use and Health, 2015-2019. JAMA Network Open, 5(3), Article e222954.

[2] U.S. Department of Labor. n.d. Fact Sheet #28: The Family and Medical Leave Act. Wage and Hour Division.

[3] National Archives and Records Administration. n.d. 29 CFR 825.119: Leave for Treatment of Substance Abuse. Electronic Code of Federal Regulations.

[4] ADA National Network. 2021. The ADA, Addiction, Recovery, and Employment. ADA National Network.

[5] National Archives and Records Administration. n.d. 42 CFR 2.13: Confidentiality Restrictions and Safeguards. Electronic Code of Federal Regulations.

Rehab insurance coverage

Admissions checks your benefits for free, in or out of network, and tells you plainly what your plan covers before you decide anything.

  • Aetna
  • Cigna
  • UnitedHealthcareIn network
  • Blue Cross Blue Shield
  • TRICARE
  • TriWest
  • GEHA
  • Humana
  • Carelon
  • ComPsych

Most PPO plans work out of network too. On Medicare or Medicaid (AHCCCS)? Admissions can help you find a program that takes your plan.

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Where to find us

  • AnchorPoint Recovery
    3173 Clearwater Dr
    Prescott, AZ 86305
  • (928) 377-5230
  • Admissions: open 24 hours
    Family visits: Sundays

  • Flying in? Land in Phoenix and admissions handles the pickup.

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