Treatment for Alcoholism and Work Leave Under the FMLA

The FMLA is a federal law that gives eligible employees the right to take unpaid, job-protected leave for medical reasons, including treatment for substance abuse like alcoholism.

The Family & Medical Leave Act (FMLA) aims to protect employees who need time off work for serious medical conditions, care of a family member, or even to care for a newborn. This law grants eligible employees up to 12 weeks of unpaid, job-protected leave in a 12-month period, but there are important rules and requirements that an employee must meet.

When it comes to alcoholism, the FMLA recognizes that addiction is a serious medical condition that can require intensive treatment. This means that, in many cases, employees seeking help for alcoholism can qualify for leave under the FMLA. Employees may also be entitled to take FMLA leave to care for a family member who is receiving treatment for alcoholism.

Meeting eligibility requirements for alcoholism treatment

Before you can take FMLA leave for alcoholism treatment, you need to make sure you meet the eligibility requirements:

• You must have worked for your employer for at least 12 months. However, these 12 months don’t need to be consecutive.
• You must have worked at least 1,250 hours in the 12 months before taking FMLA leave.
• You have not already exhausted your available FMLA leave entitlement for the 12-month period.

If you meet these criteria, you may be eligible to take FMLA leave for your alcoholism treatment.

How does the FMLA apply to alcoholism?

Under the FMLA, substance use disorders – including alcoholism – are considered serious health conditions when they require inpatient treatment or continued care by a healthcare provider. This means that if you need time away from work to enter a rehab facility or receive other medical treatment, the FMLA can provide you with job-protected leave.

Not all time off related to alcoholism is covered by the FMLA, however. Keep the following distinctions in mind. First, FMLA leave can be taken only for time dedicated to treatment. This can potentially include inpatient rehabilitation programs, counseling, or other medically supervised treatment programs. General absences or lateness related to alcoholism are not protected. In the same vein, if you’re absent from work due to alcohol-related incidents outside of treatment, like poor attendance due to drinking, your employer may still discipline you according to your attendance policy.

Finally, the law protects your job while you are on FMLA leave, so your employer can’t fire or demote you for taking leave to get treatment. However, there are limits to this protection, and you can still face disciplinary action if you break company policy or engage in misconduct during that time period.

Requesting FMLA leave for alcoholism treatment

If you or a loved one are planning to use the FMLA for alcoholism treatment, you’ll need to follow a few key steps. Here’s our guide on how to approach the process:

• First, give your employer notice of your intent to take FMLA leave as soon as you know your treatment plan. Try to give at least 30 days’ notice, but if treatment is immediate, notify your employer as soon as possible.
• Your employer may request a certification from your healthcare provider that confirms your need for FMLA leave. This certification doesn’t detail your exact diagnosis but indicates that you need time off for a serious medical condition. The certification may, however, require disclosure of certain information about the condition for which you are seeking FMLA leave.
• During your leave, keep in touch with your employer regarding your return date. FMLA leave is typically capped at 12 weeks, so if you need additional time, you may need to discuss other options with your employer.

Protecting your job during FMLA leave

We understand that one of your biggest concerns when seeking alcoholism treatment is job security. FMLA leave does offer some protection, but you should be aware of the following:

• When you return from FMLA leave, your employer must restore you to your original or equivalent position. This means a similar role, pay, benefits, and working conditions.
• The FMLA prohibits employers from retaliating against employees for taking leave. If you’re demoted, given a lower salary, or fired because you took FMLA leave, this could be considered retaliation, which is against the law.
• Employers may still discipline employees for alcohol-related issues if they occurred before or outside of FMLA leave. For example, your employer may take disciplinary action if you violated a workplace policy while under the influence before taking leave.

Can I get fired for going to rehab?

One of the most common concerns for employees seeking alcoholism treatment is whether they can be fired for going to rehab. Under the FMLA, if you’re taking leave to enter a rehabilitation program or receive medical treatment, your employer cannot fire you for this reason. Your leave is legally protected, meaning you have the right to return to work once your treatment is complete.

However, it’s important to remember that FMLA protections don’t apply to misconduct. If your alcohol use leads to workplace issues, like violating safety protocols or causing a disturbance, your employer may still enforce disciplinary policies. The FMLA’s job protection applies to leave specifically for treatment, not to unrelated work performance or conduct issues.

What happens after I return from FMLA leave?

Returning to work after FMLA leave can be challenging and overwhelming. However, you can take a few steps to ease the transition.

• Speak with your employer about any adjustments you might need as you transition back to work, like a phased-in return or flexible hours.
• Be aware of your rights under the FMLA if you need ongoing support for your recovery. If you encounter discrimination after returning, talk to the Atlanta FMLA attorneys at Buckley Bala Wilson Mew.
• Remember that while the FMLA protects your right to take leave for treatment, you should continue following your employer’s attendance, performance, and workplace conduct policies. Doing so can help you avoid issues that could affect your job security.

What to do if your FMLA rights are violated

If you suspect your employer has violated your FMLA rights – like refusing to grant leave, retaliating against you for taking leave, or restoring your position after treatment – you have options.

First, document everything. Keep records of any interactions or correspondence with your employer regarding your FMLA leave. This could all be valuable evidence if you end up taking legal action. You can also file a complaint with the Department of Labor, which is responsible for enforcing the FMLA. Finally, if you’re facing serious issues or feel your rights were infringed upon, speak to an experienced employment law attorney in Atlanta. Your employment attorney can help you understand your legal options and take further steps if needed.

If you or someone you know is struggling with alcoholism and considering taking FMLA leave for treatment, don’t wait to seek support. Understanding your rights under the FMLA can ensure you’re protected while taking an important step toward recovery. Reach out to the experienced FMLA attorneys at Buckley Bala Wilson Mew today to discuss your case, get answers to your questions, and deal with the FMLA process with confidence. Your health and job security matter — let us help you protect both. Call or fill out our contact form to schedule a confidential consultation today.