Using FMLA for Rehab: Your Job is Protected

If you or a loved one is struggling with drug or alcohol addiction, taking time off work for rehab might feel overwhelming. Fortunately, the Family and Medical Leave Act (FMLA) protects your job when you take leave for serious health conditions, including addiction treatment.

At Buckhead Behavioral Health in Atlanta, Georgia, we offer fully accredited care for substance use and co-occurring mental health disorders. Let’s explore how FMLA can help you prioritize recovery without worrying about losing your job—call us today to learn more.

What is the FMLA?

The Family and Medical Leave Act (FMLA) is a federal law ensuring job protection and continued health coverage when you need leave for specific family or medical reasons. This helps people who need to take time off to treat their own medical or behavioral health as well as people assisting a loved one through their treatment. In other words, you can take unpaid leave from work for a medical issue or to care for a loved one without worry of losing your job when you are ready to return.

Here’s what FMLA covers:

12 Weeks of Leave: For childbirth, adoption, caring for a seriously ill family member, or your own serious health issues, such as injuries, chronic health conditions, recovery from surgery, mental health treatment, and drug or alcohol rehab.
26 Weeks of Leave: This extension of leave is for military personnel and their families. For example, if your spouse is called to active duty, you may need time off from work to take care of household responsibilities. This also covers caretakers of service members who are injured or seriously ill.

While your job and health benefits are protected, note that FMLA is unpaid, and your employer may assign you a similar position upon your return instead of your original role.

Can I Use FMLA for Rehab?

Yes, FMLA covers leave for drug or alcohol rehab as it qualifies as a serious health condition. Whether you need rehab yourself or must care for a family member undergoing treatment, FMLA ensures you can take the time needed to focus on recovery. Since addiction treatment programs often last 90 days, you can complete a program without worrying about losing your job.

This also applies to co-occurring mental health conditions, which are often linked to substance use disorders.

Eligibility for FMLA

To qualify for FMLA, you must meet these criteria:

Employment: You’ve worked for your employer full-time for at least 12 months.
Company Size: Your employer has at least 50 employees within a 75-mile radius.
Notice: You must notify your employer or HR department about your leave.
Medical Proof: A healthcare provider must document your condition or your family member’s needs.

It’s important to understand your rights and eligibility before starting drug or alcohol rehab. You’ll also need to communicate with your employer prior to taking leave, and you will need to provide documentation of your condition. In addition, your employer may need proof that you’re attending a treatment program from the rehab center as well as proof that you’ve completed treatment upon your return.

Check with your HR department for additional guidance on your benefits and requirements.

Can I Be Fired for Using FMLA?

FMLA protects you from termination for taking leave within its limits. However, you can still be terminated for unrelated reasons, such as poor performance before your leave or exceeding the 12-week allowance.

Therefore, FMLA doesn’t protect you from work-related issues or poor performance—even if these problems are a result of a substance use disorder (SUD). This is why it is important to seek treatment early before your addiction and co-occurring behavioral issues become unmanageable.

Rehab Options Covered Under FMLA

FMLA allows you to access qualified rehab programs, such as:

Outpatient Detox: Start your recovery in a safe, supervised environment. Detox programs are a vital part of the recovery process where you get medical and psychological support as you go through acute withdrawal.
Residential Treatment: Live-in care for focused, immersive treatment. Residential treatment can be a vital part of long-term recovery where you build a foundation of coping mechanisms and insights.
Partial Hospitalization Programs (PHP): Intensive daytime treatment without overnight stays. PHP is the highest level of outpatient rehab we offer.
Intensive Outpatient Programs (IOP): Flexible schedules for ongoing care after returning to work. We also offer an evening IOP as well as a virtual IOP for more flexibility.

Ensure the facility you choose is licensed and accredited for evidence-based treatment.

Services at Buckhead Behavioral Health

At Buckhead Behavioral Health, we offer comprehensive addiction and mental health care, including:

Individual and Group Therapy: Heal in one-on-one and supportive group settings. Therapy is a critical aspect of any treatment program for mental health and addiction.
Psychiatry: Manage mental health with expert psychiatric care and medication. Psychiatry and therapy are the most common ways to treat mental health disorders like depression and anxiety.
Medication-Assisted Treatment (MAT): Treat opioid addiction and alcohol use disorder with FDA-approved medications.
Trauma Therapy: Address the root causes of addiction, like post-traumatic stress disorder (PTSD). Trauma therapy can also help you process traumatic events that coincide with addiction and mental health disorders.
Family Therapy: Help families rebuild and heal together. It’s important to have a strong support system to recover from addiction, and family members can be a vital part of this system.

We also provide holistic care, including red light therapy, nutritional counseling, and mindfulness practices, to support physical and emotional wellness.

Begin Your Recovery with FMLA for Rehab

FMLA makes it possible to focus on recovery without sacrificing your job or health coverage. If you’re ready to start your journey to wellness, Buckhead Behavioral Health is here to help.