Family Medical Leave Act for Rehab
FMLA for Rehab & Addiction Treatment
FMLA (Family Medical Leave Act) of 1993 makes it possible for employees to keep their jobs secure while undergoing addiction treatment as well as mental health care.
For those ready to engage with drug or alcohol rehab and wondering, “Is rehab covered under FMLA”, this guide to the the Family Medical Leave Act for California explores FMLA for drug rehab and FMLA alcohol rehab.
What is the Family Medical Leave Act (FMLA)?
The FMLA is a federal law that provides employees with job protection when they need to take time off from work due to a serious health condition, this includes both substance abuse treatment and/or a serious mental health condition such as post-traumatic stress disorder. This law allows employees to take up to 12 weeks of unpaid leave in a 12-month period without the fear of losing their job. During this time, their employer is required to maintain their health insurance coverage.
Does FMLA Cover Rehab?
Yes, the FMLA covers rehab for addiction treatment. Addiction is considered a serious health condition and even a disability under the Americans with Disabilities Act, and employees are entitled to take leave to seek treatment for drug or alcohol addiction. The FMLA entitles eligible employees to both inpatient treatment and outpatient treatment programs as well as mental health treatment and other serious health conditions.
FMLA for Alcohol Rehab and Drug Rehab
Drug and alcohol addiction are chronic health conditions that require professional substance abuse treatment. The FMLA covers both alcohol and drug abuse rehab programs. These programs may include detoxification, inpatient care, IOP, outpatient treatment, and aftercare treatment programs.
No, you cannot be fired for taking FMLA leave for drug treatment, mental health conditions, or other certain circumstances. The FMLA provides job protected leave, and your employer is required to reinstate you to your same or an equivalent position upon your return. It is also worth noting that eligible employees can also take FMLA leave to care for a child, spouse, parent, or other covered family member who has serious mental or physical health conditions. That said, if you take leave for a reason other than a serious health condition or if you exceed the allotted 12 weeks of unpaid leave, your job may not be protected.
No, under federal law you cannot lose your job for taking FMLA leave to seek drug treatment. The FMLA provides job protection, and your employer is required to reinstate you to your same or an equivalent position upon your return. However, if you take leave for a reason other than a serious health condition or if you exceed the 12 weeks of unpaid leave permitted under the FMLA, your job may not be protected.
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FMLA Eligibility
To be eligible for FMLA, you must work for a covered employer, and you must have worked for at least 1,250 hours in the 12 months prior to taking leave. Additionally, covered employers must have at least 50 employees within a 75-mile radius.
It is worth noting that employers can approve FMLA leave for short-term disability without the required 12 months of employment. Similarly, FMLA can also be approved to care for family members with a serious medical condition. You can also rest assured knowing that treatment is confidential under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
How To Utilize FMLA to Get Addiction Treatment
If you or a loved one needs drug and alcohol treatment or mental health treatments, the first step is to talk to your healthcare provider. They can provide you with a recommendation for treatment and help you understand if you meet the criteria for FMLA. You will also need to notify your employer of your intent to take FMLA leave if you plan to seek addiction treatment from a drug rehab or get help for a mental illness.
Communicate with your employer throughout the process and provide them with any necessary documentation, such as the FMLA medical certification form. This form provides your employer with information about your serious physical health condition and the expected duration of your treatment. It is also vital to know your rights and responsibilities under FMLA, as well as your employer’s policies and procedures.
How Do I Get Rehab with FMLA?
Let Our Case Managers Help You Get FMLA for Rehab
Navigating FMLA can be overwhelming, especially when you are dealing with addiction. At our drug and alcohol rehab center, we have experienced case managers who can help you understand the process of utilizing FMLA for addiction treatment. Our team will work with you to obtain the necessary documentation, provide medical records, and communicate with your employer to ensure a smooth transition into inpatient treatment or outpatient rehab depending on your needs.
At Renaissance Recovery, we understand that alcohol abuse and drug addiction is a complex brain condition that affects not only the person with substance abuse issues but also their loved ones. We believe in providing comprehensive care that addresses the underlying causes of your substance use disorder and supports long-term recovery. Our evidence-based intensive outpatient program and partial hospitalization program offers clients a number of treatment options, including individual and group therapy, cognitive-behavioral therapy, and trauma-informed care..
Our compassionate and knowledgeable team is dedicated to providing a supportive environment that promotes healing and recovery. We believe that seeking addiction treatment is a courageous step, and we are committed to helping our clients achieve their goals and live fulfilling lives in recovery.
If you or a family member needs addiction treatment and would like to learn more about utilizing FMLA leave to cover the cost of treatment, please don’t hesitate to contact us. Our case managers are available to answer any questions you may have and guide you through the process of utilizing FMLA for rehab and how your insurance provider can help pay for your recovery.
To learn more about starting treatment or continuing treatment, call us today at 866.330.9449 to learn more about our addiction treatment program and how we can help. We are available 24/7 to assist you in your journey to recovery.
FAQ
Yes, the Family Medical Leave Act (FMLA) can cover substance abuse treatment, including drug and alcohol rehab. The FMLA allows eligible employees to take up to 12 weeks of unpaid leave from work for certain medical reasons, including treatment for substance abuse and addiction.