Family And Medical Leave Act For Detox

The Family and Medical Leave Act makes it possible for many individuals to seek treatment without the fear of losing their job. FMLA is a federal law that requires employers to provide protected employees with leave of absence for up to 12 weeks for specific medical and family reasons. Reasons for leave can be behavioral, detox, and addiction treatments.

Am I Eligible For FMLA?

Most companies with at least 50 employees are required to provide FMLA.  Those working for the State, local and federal employers, and local education agencies such as schools are covered. Employee requirements for FMLA leave are that the employee:

  • Worked for the employer for at least 12 months
  • Worked at least 1,250 hours during 12 months before FMLA leave

Do I Still Get Paid While In Detox?

The Family and Medical Leave Act (FMLA) does not ensure that an employee will get paid in detox; this is up to the employer. According to the United States Department of Labor, FMLA provides individual employees with up to 12 workweeks of unpaid, job-protected leave a year and requires group health benefits to be maintained during the leave.

Can My Employer Fire Me For Going To Detox?

If an individual intends to go to detox protected by FMLA, they must give their employer prior notification. If a notice is not provided, then the individual seeking detox is exposed to potential job termination. According to the United States Department of Labor, an employer cannot terminate an individual who has opted to use FMLA to seek treatment.

Is Detox & Addiction Treatment Protected?

According to the National Institute on Drug Abuse, drug addiction is a complex disease, and quitting takes more than good intentions and strong will. Drugs can change brain chemistry, making it challenging to treat without seeking outside resources. According to the United States Department of Labor, FMLA leave for substance abuse treatment may only be taken from the referral of a health care provider to qualify for FMLA leave protection. Additionally, an employee may also take FMLA leave to care for a family member receiving treatment for substance abuse.

Frequently Asked Questions About Detox & Addiction Treatment

Drug detox and addiction treatment is an investment in your future, your recovery, and your life.  Below are some commonly asked questions when seeking a treatment center:

  • Is detoxification always necessary before therapy?
  • What can I expect from treatment?
  • How do I explain to my employer that I’m going to rehab?
  • How do I pay bills while I’m in rehab?
  • Does my health insurance cover rehab?

Please contact admissions for any other questions