Understanding Your Rights: Going to Rehab Without Losing Your Job

The decision to seek addiction treatment can be daunting. One of the most common concerns is: “Can I get fired for going to rehab?” Fear of job loss and career setbacks prevents many people from seeking the care they need. Understanding your legal protections can help alleviate these concerns and empower you to prioritize your recovery.

Can You Get Fired for Going to Alcohol or Drug Rehab?

You generally cannot be fired just for going to rehab. Federal laws like the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) protect your job if you meet eligibility requirements and follow company policies.

However, these protections have limits—violating workplace rules, using substances on the job, or poor performance may still result in termination even if you’re in treatment or recovery.

Rights, Laws, and Protections for Going to Rehab

Family and Medical Leave Act, 1993

The Family and Medical Leave Act allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for serious health conditions, including substance use disorders. Under FMLA, your employer cannot retaliate against you for seeking addiction treatment—they cannot fire you, demote you, or refuse to promote you because you took time off for treatment.

Eligibility Requirements for FMLA Leave

FMLA is applicable to all public agencies and private employers with more than 50 employees within a 75-mile radius. To qualify for FMLA you should have:

• Worked for your employer for at least one year.
• Worked at least 1,250 hours in the past 12 months.

Can I Use FMLA for Drug or Alcohol Rehab?

Yes, you can use FMLA for drug or alcohol rehab. FMLA leave is applicable to all serious health conditions including:

• Treatment of drug or alcohol addiction.
• Treatment of a physical illness related to substance use (such as liver failure).
• Caring for a close family member (parent, spouse, or child) who is undergoing treatment for alcohol or drug abuse or related health conditions.

Is FMLA Leave Paid or Unpaid?

FMLA leave is usually unpaid and non-reimbursable. However, you may be able to use accrued paid leave during the FMLA period. You may also be able to access group healthcare benefits during FMLA leave to help cover the cost of your addiction treatment.

Americans With Disabilities Act, 1990

The Americans with Disabilities Act is federal legislation that prohibits employers with 15 or more employees from discriminating against employees or qualified job applicants because of a disability. According to the Department of Justice, drug addiction is considered a physical or mental impairment under the ADA, and people with substance use disorders typically have a disability because they have a drug addiction that substantially limits one or more of their major life activities.

Under the ADA, it is illegal for employers to discriminate against recovering drug users and people who have sought addiction treatment. However, the ADA does not protect individuals who are currently using illegal drugs.

What are my rights under the ADA?

Your rights under the ADA prohibit your employer from firing you, refusing to hire you, or refusing to promote you because:

• You have a history of substance use.
• You are attending a drug or alcohol rehabilitation program.

Note that your employer is allowed to have drug-testing programs in place. They cannot, however, single you out for drug testing based on your appearance or behaviors that may give the impression that you are using drugs or alcohol. In other words, they cannot single you out for drug testing based on physical symptoms such as disorientation, slurred speech, or poor coordination. These physical symptoms can be signs of intoxication but can also be caused by serious physical disabilities and medical conditions such as fluctuations in blood sugar levels and mental illnesses. If you have a medical condition that causes symptoms similar to intoxication and your employer singles you out for drug testing or disciplinary action, they can be charged with discrimination.

What about legal prescription drugs?

The case law is still evolving, but employers are required to refrain from asking employees about legal prescription drug use during drug testing as part of the pre-hiring or pre-promotion process.

Employment Protections Under the Rehabilitation Act of 1973

The Rehabilitation Act of 1973 provides additional discrimination protection based on disabilities. It applies to:

• Federal employment
• Programs conducted by federal agencies
• Programs receiving financial assistance from the federal government
• Federal contractors’ employees

The Health Insurance Portability and Accountability Act of 1996

The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that protects sensitive patient health information from being disclosed without the patient’s consent or knowledge.

How HIPAA Protects You

According to the Department of Health and Human Services, while HIPAA generally doesn’t apply to employment records, it does protect your medical information in important ways:

• Your employer cannot ask your health care provider directly for any information about you unless you authorize it
• Your healthcare provider cannot give your employer any health information without your authorization, unless required by law
• Your employer can request a doctor’s note or health information needed to approve sick leave or evaluate FMLA eligibility, but they must get this information from you, not directly from your provider

How to Tell Your Employer About Going to Rehab

Choose the Right Time and Place

Select a private location and pick a time when you won’t be interrupted. This ensures a confidential, respectful conversation.

Prepare in Advance

Gather necessary paperwork such as FMLA forms or a doctor’s note. Plan what you want to say, focusing on your commitment to recovery and your intent to return to work. Consider practicing with a trusted friend or counselor to build confidence.

Be Honest and Transparent

Share your personal challenges with substance abuse and your decision to proactively seek treatment. Emphasize your commitment to recovery and maintaining your job performance once you complete treatment.

Educate Your Employer

Research has shown that approximately 1 in 10 adults in the U.S. report having had a substance use disorder, and among those, nearly 75% report being in recovery. Help your employer understand that addiction is a medical condition requiring treatment, just like diabetes or cancer.

Present a Plan

Reassure your employer that you’ve anticipated concerns such as:

• Extra workload for coworkers
• Upcoming deadlines
• Schedule adjustments
• Solutions to make temporary disruptions manageable

Discuss Company Policy

Discuss the company policy for FMLA with your employer. You have both rights and responsibilities under this law. Talk to your employer about:

• How the company defines the 12-week period to track FMLA usage. Some companies use the calendar year while others use the date your leave starts and yet others use your anniversary date of joining the company.
• Any medical documentation or certification that will be required from your healthcare provider.
• Whether you can use any accrued paid leave or whether your employer requires you to use paid leave.
• If your benefits will be maintained under the employer’s healthcare plan and whether any premium payments will be required.
• Your right to return to your job at the same or nearly identical position when your FMLA leave ends.

Returning to Work After Treatment

Your rights under FMLA regulations guarantee that you can return to the same position or a very similar position after your leave.

Your employer may ask you to sign a return-to-work agreement after completing treatment. This confidential agreement outlines expectations going forward, such as:

• Remaining abstinent from drug or alcohol use
• Following through with treatment recommendations
• Attending support groups or therapy sessions
• Complying with drug testing policies

These expectations play a vital role in your recovery by keeping you accountable.

Frequently Asked Questions

Can I continue working while going to rehab?

You may be able to continue working while going to rehab. There are different treatment options for those seeking substance abuse treatment, including:

• Detoxification programs
• Inpatient (residential) treatment programs
• Outpatient rehab programs

Outpatient programs for alcohol and drug use involve attending treatment sessions at a rehab facility while continuing to live at home. These programs give you the flexibility to continue working and fulfilling other responsibilities while going to rehab. You may need to attend therapy sessions and receive other services for 9 or more hours each week (3 hours a day on 3 days of the week). Some facilities offer flexibility, such as attending 9 hours on the weekends.

How much time do I need to take off work for drug rehab?

Treatment duration varies by program and individual needs. Typical timelines include:

• Detox: 3–7 days
• Inpatient rehab: 2–4 weeks (sometimes longer)
• Outpatient rehab: 1–3 months part-time (can extend to 6+ months)

FMLA protects up to 12 weeks of unpaid leave per year for qualifying employees. There is no universally accepted length of addiction treatment—various factors such as the duration and severity of your substance use disorder, co-occurring mental health conditions, and your lifestyle can impact treatment length.

Do I have to disclose I went to rehab to a future employer?

You may have to disclose you went to rehab during pre-employment discussions with a new employer. However, the American Disabilities Act (ADA) protects you from discrimination based on the information you provide. For instance, your employer can ask about:

• Current use of alcohol or illegal drugs.
• Your willingness to take a drug test.
• Past drug or alcohol use after a conditional job offer is made, provided this question is asked to all employees interviewing for a particular position.

A prospective employer cannot ask you about:

• Use of legal prescription drugs.
• Past addiction to illegal drugs.
• Past participation in alcohol or drug rehab programs.

Can my past employer tell future employers I was let go due to substance abuse?

Your past employer can disclose truthful information about your job performance and reasons you were let go. However, most employers refrain from sharing such information to avoid discrimination claims.

Under the ADA, past drug and alcohol addiction is considered a disability. You cannot be fired based on gender, race, religion, marital status, sexual orientation, or disability. State laws vary regarding what past employers can disclose, so consult with a legal professional if you have concerns.

Begin Your Recovery Journey Today

Now that you understand your employment rights regarding alcohol and drug addiction treatment, there’s no reason to delay seeking help. There are laws to ensure job protection during rehab as long as you follow the rules. Rehab can help you get your life back on track. Seeking treatment can allow you to progress in your career without the stress of potential job loss. At Discover Recovery Treatment Center, we offer a range of evidence-based programs for alcohol and drug recovery. Call us today and find out how you can benefit from our tailored programs, including detox, inpatient (residential) programs, and outpatient rehab. Note: This article is for information purposes only. It does not constitute legal advice. Please consult a legal professional for advice about your specific case.