How to Use the Family Medical Leave Act (FMLA) for Rehab

The Family and Medical Leave Act (FMLA) is an important federal law that allows for unpaid leave and job protection of up to 12 weeks for people in a variety of situations. 

One of the situations that it covers is the treatment of a serious medical condition, which can include the treatment of a substance use disorder (SUD). 

Read on to learn more about how this law can benefit eligible employees and how they can use it to access drug and alcohol abuse treatment options. 

About the Family Medical Leave Act

The FMLA, first passed by President Clinton in 1993, provides eligible employees who work for covered employers to receive up to 12 weeks of unpaid leave and job-protected leave.

Employees get this amount of leave under FMLA once within each 12-month period of employment. They can take leave to care for themselves for medical reasons or to act as a caregiver to someone else. 

It also requires employers to provide their employees on leave with the same type and level of health insurance coverage as if they had not taken leave. 

FMLA leave can apply to these situations:

• The birth and care of a new baby
• The adoption or foster care of a minor
• The care of a family member with a severe medical condition
• Taking a medical leave for a personal medical condition that is severe enough to require hospitalization or inpatient care, like an addiction

People using FMLA must work for a covered employer in order to be eligible. 

FMLA covered employers include:

• Private-sector employers that have at least 50 employees who work at least 20 work weeks out of the year
• Local, state, and federal government agencies
• Public agencies such as both public and private elementary or secondary schools 

How Does the FMLA Work for People in Addiction Treatment?

The FMLA can be used for people in both inpatient treatment or outpatient addiction treatment, including intensive outpatient programs (IOPs) and partial hospitalization programs (PHPs). 

This is because addiction is considered a chronic illness and disability under the Americans with Disabilities Act (ADA), an act which also requires employers to provide their employees with reasonable accommodations to perform their work. 

People may still face termination at their jobs if they continue to use drugs or alcohol upon returning to work, and this use interferes with their ability to perform their job. 

Does the FMLA Cover Outpatient Treatment for Substance Abuse?

Yes, the FMLA does cover outpatient treatment for drug and alcohol addiction when a person attends regular sessions over an extended period of time.

In order for outpatient treatment for alcohol or drug addiction to be covered, the person has to have a referral from a healthcare provider. 

They are not required to provide medical records to their employer, but medical certification from a licensed professional is necessary. 

Types of Serious Health Conditions Under FMLA

The FMLA covers individuals who have serious health conditions that require hospitalization or treatment in an inpatient facility, but what exactly is considered a serious health condition?

Examples of serious health conditions under FMLA include:

• Cancer
• Diabetes 
• Heart attack
• Stroke 
• Severe injury
• Pregnancy 
• Alzheimer’s disease
• Mental health conditions
• Substance abuse disorders 

These conditions may also qualify a person to take FMLA leave if they need to care for a loved one who has one of them. 

Can Employers Share Your Reasons for Using FMLA?

No, your employer may not share your reasons for using FMLA, as this is considered private medical information. 

In the event that your employer does share information about your FMLA leave with others, such as with coworkers or clients, this is likely to be considered a violation of your FMLA rights and may entitle you to legal action. 

FMLA Eligibility & Rehab Requirements

Not everyone who is in need of medical leave is eligible for FMLA leave, even if they have a serious medical condition that qualifies them. 

In order to be eligible for FMLA leave, including for alcohol and drug rehab, a person must:

• Have worked at their company for at least 12 months 
• Have logged at least 1,250 hours of work at their company within the past year
• Work for a company with at least 50 employees within a 75-mile radius
• Work for a company that is considered a covered employer

When all of these conditions apply, an employee will be guaranteed to still have their job upon return, although the leave that they take will not be paid. 

Find Confidential Recovery Support at Otter House Wellness

For people seeking confidential recovery support for alcohol or drug abuse in North Carolina and the surrounding areas, Otter House Wellness provides multiple levels of outpatient care. 

Our treatment center provides top-quality substance abuse treatment and mental health treatment. We also offer personalized treatment plans to ensure that each and every client gets exactly the care they need and deserve from drug and alcohol rehab. 

To learn more about seeking care at our rehab center for yourself or a loved one that can be covered by the FMLA, contact Otter House Wellness today.

Sources

• U.S. Department of Labor. “Fact Sheet #28P: Taking Leave from Work When You or Your Family Member Has a Serious Health Condition under the FMLA.” Retrieved from: https://www.dol.gov/agencies/whd/fact-sheets/28p-taking-leave-when-you-or-family-has-health-condition. Accessed on October 11, 2024. 
• U.S. Department of Labor. “Family and Medical Leave Act Advisor.” Retrieved from: https://webapps.dol.gov/elaws/whd/fmla/10c9.aspx#:~:text=FMLA%20leave%20may%20only%20be,not%20qualify%20for%20FMLA%20leave. Accessed on October 11, 2024. 
• U.S. Department of Labor. “Family and Medical Leave (FMLA).” Retrieved from: https://www.dol.gov/general/topic/benefits-leave/fmla. Accessed on October 9, 2024.