Job Security & Legal Rights When Seeking Rehab Treatment

Can You Legally Be Fired for Going to Rehab?

In most cases, the answer is no. The Americans with Disabilities Act (ADA) in the U.S., for instance, protects employees seeking treatment for substance use disorders, as addiction is considered a disability. Employers are generally required to provide reasonable accommodations, such as time off to attend rehab.

• Americans with Disabilities Act (ADA): This U.S. law protects employees who seek treatment for substance use disorders. It considers addiction as a disability, requiring employers to provide reasonable accommodations like time off for rehab.
• Family and Medical Leave Act (FMLA): Eligible employees can take up to 12 weeks of unpaid leave for medical reasons, including substance abuse treatment, without fear of losing their job.
• Human Rights Laws in Canada: In Canada, substance addiction is often considered a disability under human rights laws, requiring employers to provide reasonable accommodations.

When Can You Potentially Lose Your Job After Going to Rehab?

While protections exist, there are circumstances where you could potentially lose your job. This could happen if you violate company policies, refuse to comply with a treatment program after your employer offers assistance, or if your treatment creates undue hardship for the employer.

• Violation of Company Policies: If you come to work under the influence or engage in misconduct, you could be terminated.
• Non-compliance with Treatment Program: If your employer offers assistance and you refuse to comply with the treatment program, you could potentially lose your job.
• Undue Hardship for the Employer: If your role is critical and your employer cannot reasonably accommodate your time away, this could potentially lead to termination.

How Can You Protect Yourself When Seeking Treatment?

Communicate openly with your employer or HR department about your need for treatment. Keep records of conversations, medical recommendations, and any agreements with your employer. Research your local laws and company policies to ensure your rights are protected. If you’re unsure about your rights or suspect unfair treatment, consult with an employment lawyer.

• Communication: Be honest with your employer or HR department about your need for treatment.
• Documentation: Keep records of conversations, medical recommendations, and any agreements with your employer.
• Know Your Rights: Research your local laws and company policies to ensure your rights are protected.
• Seek Legal Advice: If you’re unsure about your rights or suspect unfair treatment, consult with an employment lawyer.

Britney Elyse

Britney Elyse has over 15 years experience in mental health and addiction treatment. Britney completed her undergraduate work at San Francisco State University and her M.A. in Clinical Psychology at Antioch University. Britney worked in the music industry for several years prior to discovering her calling as a therapist. Britney’s background in music management, gave her first hand experience working with musicians impacted by addiction. Britney specializes in treating trauma using Somatic Experiencing and evidence based practices. Britney’s work begins with forming a strong therapeutic alliance to gain trust and promote change. Britney has given many presentations on somatic therapy in the treatment setting to increase awareness and decrease the stigma of mental health issues. A few years ago, Britney moved into the role of Clinical Director and found her passion in supervising the clinical team. Britney’s unique approach to client care, allows us to access and heal, our most severe cases with compassion and love. Prior to join the Carrara team, Britney was the Clinical Director of a premier luxury treatment facility with 6 residential houses and an outpatient program