Can You Get Fired While in Drug Rehab
Under the Family and Medical Leave Act of 1993 or FMLA, an employee can be granted up to 12 weeks of unpaid or paid leave in a period of 12 months. The reasons include adoption, child birth, care of an immediate family member for a serious illness or a serious health condition of the employee, which prohibits them from working. In order for an employee qualify for the leave they must have worked for at least 1250 hours over the past 12 months, and work within 75 miles from their company which employees more than 50 people. For military service members a leave of 26 days is provided for those who are seriously sick or injured. This rule was updated in 2009. What does that mean for going to an inpatient drug rehabilitation center or facility?
The law offers protection to employees who request and are granted a leave of absence. The protection requires that an employer return the employee back to the position in which they left or something that is the equivalent, including benefits, pay, status etc. The second protection requires that the employee maintains their current health care plan. If the employee is on an unpaid leave then they must pay the employers insurance premiums in installments while on leave or in full upon their return to work.
An employee can be fired from their job according to their behavior during their substance abuse. For example, if an employee was intoxicated and didn’t report to work for a number of days, then it would be grounds for dismissal, even if that person were admitted to a rehab program after the absences. The FMLA doesn’t protect a person’s behavior while intoxicated. It only protects the time in an inpatient drug rehab program. Therefore in this scenario an employer would have the right to terminate the employee. Generally warnings are given first, especially if someone has been an employee for a while in good standing.
An employee cannot be fired if an employer finds out that an employee is in drug rehab, as long as the employee requested the leave. Simply not showing up for work, doesn’t qualify as FMLA leave. If they didn’t show up then they could be fired for the absences as stated previously. The employer cannot freely contact the medical provider to gain information about the employee without the express written consent from the employee in question. This would violate the HIPAA or The Health Insurance Portability and Accountability Act, rights of the employee.
If you need to obtain drug treatment then request a leave from your employer, before checking in. This will assure you that your position will be held. Can you be fired from your job while in drug rehab treatment ? Yes if you do not follow the FMLA rules and request a leave and no if your behavior warrants termination prior to the drug treatment.
The FMLA was put in place to protect those who need time off for personal reasons. Anything can happen at any time and it is good to know that you have a safeguard that can watch over you. Of course, if an employer is unhappy with you or wants to get someone out of the company they can make one’s situation very uncomfortable
My ex-boyfriend was made to feel very uncomfortable at the job after he came back from rehab. They definitely didn’t trust him and wanted him out. He was seen as an addict that would relapse back into cocaine or snort prescription drugs. He was not given any new projects or advanced and finally left.