Job Security & Legal Rights When Seeking Rehab Treatment

Last updated on August 21st, 2026 at 01:02 am

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, LMFT

Britney Elyse, LMFT, is an experienced mental health professional and clinical leader with more than 15 years of experience in behavioral health, addiction treatment, and recovery services. She currently serves as Clinical Director at Carrara Treatment, Wellness & Spa, where she oversees the clinical team, treatment programming, staff development, documentation standards, and coordination of care with physicians and psychiatric providers.

Throughout her career, Britney has held leadership and clinical roles at respected treatment programs including Cliffside Malibu, Cast Recovery, The Hills Treatment Center, and Tarzana Treatment Centers. Her experience encompasses individual and family therapy, clinical assessment, treatment planning, case management, utilization review, and the development of trauma-focused programming.

Britney’s therapeutic background includes trauma-informed care, Somatic Experiencing, DBT, relapse prevention, family therapy, and stages-of-change interventions. She is passionate about creating thoughtful, individualized treatment plans while supporting clients and their families throughout the recovery process.

Britney earned her Master’s degree in Clinical Psychology with an emphasis in Marriage and Family Therapy from Antioch University and has pursued advanced training in Somatic Experiencing Therapy. Her approach combines compassionate client care with strong clinical leadership and a commitment to maintaining the highest standards of treatment.