It is possible to get addiction treatment without losing your job. An important part of recovery is being able to pursue and maintain meaningful things like jobs. Legal protections like the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) offer safeguards for employees seeking treatment. Planning your leave, understanding your rights, and choosing the right level of care such as partial hospitalization programs (PHP), intensive outpatient programs (IOP), or outpatient therapy can help you recover while staying employed.
Written by: Marcus Shumate, LCMHC, LCAS
The Fear of Getting Help
Realizing you need to get help for your substance use and actually getting help are two different things. You can know you need help but find that there are too many barriers to actually getting that help.
One of the biggest barriers people face when seeking addiction treatment is the fear of losing their jobs. Losing your job is a big deal, so it’s an understandable reason for not following through on getting help when you know you need it.
The good news is that there are clear and practical ways to seek treatment while protecting your job, but you should approach it with a plan. With the right information, support, and level of care, you can take care of your health without putting your job at risk.
Know Your Rights: Legal Protections for Employees in Treatment
Before choosing a treatment program, it is important to know that you have legal protections. There are two major laws that provide support for people dealing with substance use issues: Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA).
Family and Medical Leave Act (FMLA)
FMLA allows eligible employees to take up to twelve weeks of unpaid, job-protected leave each year for serious health conditions, including substance use treatment. This includes both inpatient and outpatient programs.
To qualify for FMLA, you must:
- Work for a company with fifty or more employees
- Have been employed there for at least twelve months
- Have worked at least 1,250 hours in the past year
During your leave, your employer must continue your group health benefits. They must also allow you to return to the same or an equivalent position after treatment.
What if you don’t meet FMLA criteria?
You may be self-employed, work for a smaller company, or have just started a new job and not qualify for FMLA. That’s okay. There are still options. Most outpatient treatment programs, especially Intensive Outpatient Programs (IOPs), offer both morning and evening hours that are designed to fit your work schedule.
This is intentional. Not everyone can or needs to go into treatment that is inpatient or so intensive that it would prevent them from working. Things like intensive outpatient programs (IOPs) are there to help balance the need for help and maintaining a job or family responsibilities.
Americans with Disabilities Act (ADA)
Society is better when people that want to get help can get help. Its important to make sure that we make self-improvement as easy as possible This means we have to have laws that protect the right to get better and maintain access to things like employment.
The Americans with Disabilities Act (ADA) is just such a law. The ADA protects employees from discrimination based on disability. This includes people recovering from substance use disorders. While active use of illegal drugs is not covered, those who are in treatment or recovery are protected under this law.
This means:
- Your employer cannot fire you just because of your history with substance use
- You may be entitled to reasonable accommodations, such as a flexible schedule to attend treatment
How to Talk with Your Employer About Getting Help
You do not have to tell your employer that you are struggling with addiction, which is also called a substance use disorder. But if you want to use FMLA or ask for changes to your work schedule, you will need to tell them that you have a medical condition that needs treatment. We use the words “medical condition” on purpose. Addiction is a condition that affects the body and brain, so it is considered a medical issue.
Here are a few tips for keeping your job while getting treatment:
- Use general terms. You can say you are getting treatment for a medical condition
- Provide documentation from your provider if needed
- Give as much notice as possible, especially if your leave is planned in advance
- Being honest and professional can help you maintain trust with your employer while protecting your privacy
There are also people like therapists with addiction experience that can help coach you through those sorts of conversations. If you feel stuck or unsure of how to talk about your struggles with substance use to your employer, a good therapist can help you find the right strategy.
Choosing the Right Level of Care
There are a variety of options for outpatient addiction treatment that you can consider. It is important to find the option that best fits your symptoms. Getting a substance use assessment can be helpful in figuring that the best option.
Partial Hospitalization Program (PHP)
PHP is the most structured form of outpatient care. It usually includes five days of treatment per week, for four to five hours each day. You return home each night. This is why it is called a “partial” hospitalization program instead of a “hospitalization”. Going into in-patient is usually reserved for those that need medical detox and monitoring to make sure they’re medically safe as they detox.
Because it can be four to five hours a day, seeking out FMLA may be a good way to access PHP. It is totally reasonable to be intimidated by that amount of time. Keep in mind though, your health is the most important thing. You don’t want to not get the level of care you need.
Intensive Outpatient Program (IOP)
This level of care offers more structure than outpatient therapy and is usually a few hours per day, several days a week. Many programs offer morning or evening options so you can continue working. Having these morning and evening offerings can make it a little easier to shift your schedule around a little to get the care you need.
Recovery Management
Once you finish a higher level of care, ongoing support is important. Life can be really unpredictable. Loss, financial stress, relationship struggles, and more are things someone knows will happen, but can never really plan for. Having the type of support that you can tap into to help navigate the unexpected is really important. Recovery management helps you stay connected with a therapist, coach, or psychiatrist who can help you navigate life after treatment.
Outpatient Therapy
This is a good option for people with mild substance use concerns or those who are continuing care after a more structured program. You attend regular therapy sessions while keeping up with work and other commitments.
Medication for Addiction
There are medical providers that are trained in addiction medicine and know how to provide medications like that can help with cravings or other symptoms of addiction. For some, this can be something that really helps them get better while working full-time.
What If You Need to Take Time Off?
If you need to take time off for treatment, you can use FMLA to protect your job. It is important to navigate it in the right way so that you protect your privacy and job.
Here is how to take FMLA:
- Talk to your healthcare provider. Get a note or recommendation stating that treatment is medically necessary.
- Inform your Human Resources department. You only need to say that you are seeking care for a serious medical condition.
- Fill out the needed paperwork for FMLA.
- Focus on your recovery during your time off.
- Keep in touch with your employer about when you plan to return
Many people use FMLA for a few weeks of more intensive care like PHP, then return to work while continuing treatment in an IOP or outpatient program. Most treatment programs (ours included) can help you do that. It is an important part of treatment to help someone protect their rights and employment.
Balancing Work and Treatment
Depending on your job and the treatment program, keeping your job is completely possible. You just have to make sure to go through the right process and balance work and your recovery along the way.
Here are some helpful tips:
- Choose a program with flexible scheduling
- Choose a program that can offer therapy and psychiatry/medication support as part of the program
- Treat your treatment sessions like any other important appointment
- Set boundaries around your time and protect space for recovery
- If comfortable, communicate with a trusted coworker or supervisor so they understand any schedule changes
- Treatment does not have to disrupt your entire work life. In fact, many people find that their performance improves when they begin to feel healthier and more clear-headed.
Dealing with Stigma or Questions
It is normal to feel nervous about how others at work might react. But remember, you are doing something important for your health and that takes priority. That doesn’t change your desire for privacy and discretion. Your story is your story and so is how you share it.
If you are asked about your time away or changes in schedule, here are a few simple ways to respond:
- “I had some personal health stuff going on that I needed to address”
- “I am working on improving a few areas of my life right now.”
- “I have regular medical appointments that I need to attend.”
You are not required to explain anything you are not comfortable sharing. It is perfectly fine for work to stay work and not a place that feels like you need to get too personal.
Long-Term Benefits for You and Your Work
The focus of treatment should be improving your quality of life. Too often the focus is just on not using drugs or alcohol instead of also focusing on building a meaningful life. For most people, an important part of living a meaningful life is keeping a job or pursuing more fulfillment in their career.
Long-term benefits of getting help include:
- Better concentration and performance at work
- Improved communication and teamwork
- Fewer sick days and health-related absences
- More confidence in yourself and your abilities
- When you feel better, you show up better
Get Help Without Losing Your Job
Seeking addiction treatment does not mean you have to choose between your health and your job. With the right plan, the right level of care, and support from a trusted team, you can do both.
If you are thinking about treatment and unsure how it fits into your work life, we are here to help.