Can You Get Fired for Going to Rehab in Pennsylvania?

Perhaps it’s a scenario you’ve been playing over and over in your head – what would it be like to seek treatment for alcohol addiction? What would it be like in alcohol rehab? In a situation like yours, where you’re successful in the workplace, married, or just have a life on the exterior that no one would ever suspect you’re a substance abuser, you believe that it’s okay to self-medicate. 

However, if you’re here, it’s likely that you’re slowly losing control. Maybe your bank accounts are being drained to fund your habit, or you’re missing work to recover from your substance use. Either way, you’ve reached a fork in the road – you know you need help, but you fear the repercussions and keep asking yourself – “can I get fired for going to rehab?”

Whether you’re a functioning addict or someone who’s lost everything, committing to rehab is no easy feat. The problem with a functioning addict who has a career is they worry about getting fired from their job for seeking help. The good news is that no, going to rehab is not a cause for termination. However, your employer is well within their right to terminate your employment if you’re using drugs. Since most people needing help are actively using drugs, this is a legal gray zone.  If your job performance is suffering as a result of addiction, it’s critical to seek help right away. 

How you approach this delicate situation is ultimately up to you, but we suggest that you lead with honesty. If your boss feels like they understand what’s going on, they will be more likely to empathize with your situation and provide support. Start the conversation with your employer by explaining your decision to seek help and how it’ll impact your health and job performance. Most employers will respond positively to your honesty and support your initiative to start recovery. 

Fortunately, the law is on your side in this scenario so you can breathe a sigh of relief. However, it’s recommended that you speak to the human resources department at your organization to get a more in-depth understanding of the laws that pertain to rehab. Below, we’ll delve into a few that are beneficial for your situation.

• The Affordable Care Act: The Affordable Care Act prohibits discrimination based on health status, including addiction, which safeguards you from being terminated from your job for seeking treatment for drug or alcohol addiction.
• The Family Medical Leave Act (FMLA): The Family Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid leave per year for medical reasons, including addiction treatment, without the risk of losing their job. This protection ensures that individuals seeking rehabilitation for drug or alcohol addiction can take the time they need for treatment without fear of termination.
• The Americans with Disabilities Act (ADA): The Americans with Disabilities Act (ADA) ensures job security for individuals seeking help for substance abuse by forbidding discrimination and recognizing addiction as a disability. This requires employers to make reasonable accommodations and safeguard the confidentiality of medical information.

According to the U.S. Department of Labor, FMLA leave can only be taken for substance abuse treatment when provided by a healthcare provider or a provider of healthcare services. It’s important to note that absence because of the employee’s use of drugs or alcohol instead of treatment does not qualify for FMLA leave. 

The employer will likely not take action against the employee when they exercise their right to take FMLA for treatment. However, depending on the policy of the company, the employee could be terminated for substance abuse regardless of whether they’re taking FMLA leave. Again, this is why you must speak to human resources for guidance.

According to a recent study, having or finding a job in recovery is associated with lower rates of relapse. Even better, employers want to hire people in recovery because they give back to their communication at a rate about double than the general population! Employers know that an employee that’s completed rehab is dedicated, grateful, and thankful to be where they are today. Whether you keep the same job or you search for something else to remove any ties to your addiction, here are some tips to maximize your career after treatment. 

• Expand your network
• Adjust your expectations
• Tailor your resume
• Be kind to yourself

Remember, life after addiction will be difficult. Fortunately, if you seek help with a treatment center that deeply understands the challenges of addiction, you’re giving yourself an advantage.