To use FMLA for a health-related reason, either you or a close family member must have a serious condition. Does this include substance use disorders? For example, does FMLA cover alcohol rehab?

Learn more about our drug rehab programs in Atlanta or verify your insurance now.

What Is FMLA?

FMLA stands for Family and Medical Leave Act. It is a federal law that offers limited employment protections for people who need to temporarily stop working to address certain health- or family-related reasons.

The primary provisions of the FMLA are:

• Covered employees can take up to 12 weeks of unpaid leave per year for approved reasons without losing their job.
• During their unpaid leave, covered employees will retain their group health insurance benefits.

As described on the U.S. Department of Labor (DOL) website, employees who are covered by the FMLA can take unpaid leave for the following four reasons:

• Giving birth to or caring for a newborn child 
• Having a child placed in the household via adoption or foster care
• Caring for an immediate family member who has a serious health condition
• Being treated for a serious health condition

Since 2008, the FMLA has also allowed immediate family members of U.S. service members to take:

Up to 26 weeks of annual unpaid leave if the service member or veteran needs care for a serious injury or illness.

Up to 12 weeks of annual unpaid leave if it is related to the service member’s overseas deployment

One of the main reasons for this is that outpatient rehab isn’t a single, distinct program. Instead, it can refer to several levels of care, each of which can involve a variety of therapies and support services.

Levels of care

At Buckhead Behavioral Health, levels of outpatient care include detox, a partial hospitalization program, and several intensive outpatient options. 

• Outpatient detox – Starting rehab in outpatient detox may be the ideal choice if you have mild to moderate withdrawal symptoms. This short-term program features regular check-ups to evaluate your physical and mental health as your system adapts to the absence of addictive substances.  Once you’ve completed detox, you can transfer directly into one of the following levels.
• Partial hospitalization program (PHP) – PHPs are similar to residential programs, except participants only need to be at the center when you’re receiving treatment. At Buckhead Behavioral Health, our PHP is in session 9 a.m.—3:30 p.m., Monday—Saturday. In the evenings and on Sunday, you can return to your home or to a supportive sober living residence.
• Intensive outpatient program (IOP) – Intensive outpatient programs offer fewer hours of care, but greater flexibility, than PHPs do. Our IOP is in session three hours per day, five days per week. We offer both an in-person and virtual IOP, both of which have morning (9:30 a.m.—12:30 p.m.) and evening (6—9 p.m.) options. Depending on your needs and goals, you may not need to attend treatment every day.

Does FMLA Cover Alcohol Rehab?

What constitutes a serious health condition for purposes of the FMLA? Does FMLA cover alcohol rehab and other types of addiction treatment?

According to the DOL, the FMLA’s definition of a serious health condition is “an illness, injury, impairment, or physical or mental condition that involves either inpatient care or continuing treatment by a health care provider.”

A mental health fact sheet produced by the DOL confirms that addictions fall within this description. Speaking specifically of alcohol addiction, this means that:

• You can take FMLA leave for alcohol rehab if your alcoholism prevents you from performing essential job duties. 
• You can also take FMLA leave if you need to care for a parent, spouse, or child who needs treatment for alcohol addiction.

FMLA also applies to other types of addiction, as well as anxiety disorders, depression, posttraumatic stress disorder (PTSD), eating disorders, and other mental and behavioral health concerns.

Does FMLA Pay for Alcohol Rehab?

The FMLA does not provide financial compensation for any reason. 

There are no provisions in the law for funding alcohol rehab or any other type of treatment, nor are there any requirements for employers to pay employees who are on approved leave. 

In other words, if you take FMLA leave, you most likely will not be paid while you are away from work, and you will be responsible for any costs associated with your treatment. Your employer may choose to pay you while you’re on leave, but that is not mandated by this law. 

From a financial perspective, the FMLA only ensures that:

• When you return, you will either get your old job back, or be placed in an equivalent position with the same pay, benefits, and other conditions of employment.
• While you’re on leave, you won’t lose your job-related group health insurance coverage.

If you take FMLA leave to attend alcohol rehab, and your health insurance covers that service, you may not have to pay for your treatment out of your own pocket. But that will be determined by the specifics of your insurance policy, not by the content of the Family and Medical Leave Act.

Who Is Eligible to Use FMLA?

We’ve used the term “covered employees” a few times thus far in today’s post. That’s because FMLA does not apply to every worker in the U.S. 

For you to use FMLA to take an unpaid, job-protected leave, both you and your employer must meet certain criteria. 

The following employers are subject to FMLA regulation:

• Private companies that employed 50 or more employees in 20 or more weeks in either the current or previous calendar year
• Public agencies including federal, state, and local government employers, regardless of the number of employees
• Local educational agencies, including public school boards, public elementary and secondary schools, and private elementary and secondary schools, regardless of the number of employees

As an employee, you are covered by FMLA if you work for an employer in one of the categories above, and you also:

• Have worked for your employer for 12 months
• Have worked at least 1,250 hours in the 12 months immediately prior to the start of your leave
• Work at a location where your company employs 50 or more employees within 75 miles

If you and your employer both meet the criteria listed above, you can use FMLA to take up to 12 weeks of unpaid leave every 12 months.

Learn More About Alcohol Rehab in Atlanta

Buckhead Behavioral Health is a trusted source of personalized outpatient care for adults who have become addicted to alcohol and other drugs. We also serve clients who have anxiety, depression, PTSD, and other co-occurring mental health concerns.

Treatment options at our alcohol rehab in Atlanta, GA, include outpatient detox, a partial hospitalization program (PHP), an intensive outpatient program (IOP), an evening IOP, and a virtual IOP. Our team will work closely with you to determine which programs and services best align with your unique needs and goals.

To learn more about how we can help you or a loved one, or to schedule a free assessment, please visit our Admissions page or call us today.