The Family Medical Leave Act and Drug Rehab

FMLA and Rehab in Florida: Understanding Your Rights

If you are considering treatment but worried about losing your job, you are not alone. Many people delay or avoid getting help for fear of employment consequences. The Family and Medical Leave Act (FMLA) provides job protection while you take time off to address a qualifying health condition, including substance use disorder treatment when it is prescribed or referred by a healthcare provider.

What FMLA Covers

FMLA is a federal law that gives eligible employees up to 12 weeks of unpaid, job-protected leave each year for certain medical or family reasons. During this time, your employer must continue your group health insurance as if you were still working. When your leave ends, you are entitled to return to the same or an equivalent position.

If you need inpatient or outpatient rehab for addiction treatment, that time can qualify as FMLA leave as long as it is under the care or referral of a licensed healthcare professional.

Who Is Eligible for FMLA

To qualify for FMLA, all of the following must apply:

• You have worked for your employer for at least 12 months, which do not have to be consecutive
• You have worked at least 1,250 hours during the 12 months before starting leave
• Your employer has 50 or more employees within 75 miles of your worksite

If you meet these criteria, you can request FMLA leave for treatment of a serious health condition, including substance use disorder.

What FMLA Protects and What It Does Not

Job and health insurance protection

Your employer must maintain your health benefits and return you to the same or an equivalent job when you complete treatment.

Unpaid leave

FMLA leave is unpaid, but you may use any available vacation, sick, or personal days to cover some of your absence.

Drug-free workplace policies

FMLA protects your right to seek treatment, but it does not excuse violations of company drug and alcohol policies. Employers can still enforce drug-free workplace rules consistently applied to all employees.

Confidentiality and Your Privacy

Employers must keep any FMLA-related medical information confidential and stored separately from personnel files. Details about your condition or treatment cannot be shared beyond what is necessary for HR or management to administer your leave.

Treatment providers are also bound by HIPAA, which means they cannot disclose your medical information to your employer without your written permission.

FMLA and the ADA

While FMLA provides job-protected time off for treatment, the Americans with Disabilities Act (ADA) protects people in recovery from discrimination. If you are no longer using substances illegally and are otherwise qualified for your job, the ADA may require your employer to make reasonable accommodations, such as a flexible schedule for therapy or outpatient sessions.

How to Use FMLA for Rehab

1. Confirm eligibility. Ask your HR department if your employer is covered and whether you qualify for FMLA.
2. Provide notice. If treatment is planned, give 30 days’ notice. If not possible, notify your employer as soon as you can.
3. Submit medical certification. Your provider will complete a form confirming that you need leave for a serious health condition.
4. Discuss your options. Some people use full-time leave for inpatient care, while others take intermittent leave for outpatient treatment.
5. Maintain insurance payments. Continue paying your share of premiums while on leave to keep coverage active.
6. Provide a return-to-work note if required. Some employers, especially for safety-sensitive positions, may ask for a fitness-for-duty clearance before you return.

Florida-Specific Notes

Florida follows federal FMLA regulations. The state does not have its own family and medical leave law for private employers. Florida law does provide up to three working days of protected leave per year for victims of domestic or sexual violence, but this is separate from FMLA and rarely applies to rehab situations.

Common Questions

Can I be fired for going to rehab

No. If you qualify for FMLA and follow the proper process, your job is protected while you receive treatment.

Is FMLA leave paid

No. FMLA leave is unpaid, but you may be able to use accrued paid time off or short-term disability benefits if available through your employer.

Will my coworkers know I am in treatment

No. Employers must keep medical and leave documentation confidential. Only those responsible for managing leave or benefits can access this information.

Can I take FMLA for outpatient treatment

Yes. FMLA can be taken intermittently if it is medically necessary and approved through your healthcare provider.

Does the ADA protect me once I am in recovery

Yes. Individuals in recovery who are not currently using drugs illegally are generally protected from discrimination and may be entitled to reasonable accommodations.

Getting Help and Protecting Your Job

If you are ready to focus on recovery, you do not have to choose between your health and your career. The admissions team can help you verify eligibility, coordinate documentation with your employer, and plan your transition into treatment confidentially and without judgment.

Call (561) 340-7269 or visit the insurance verification page to begin. Your job, your health, and your future are worth protecting.