Guidelines for Using FMLA for Addiction Treatment
To use the Family Medical Leave Act for addiction treatment, the employee must first make sure that their employer is eligible to provide FMLA and that their circumstance is covered by FMLA. To certify their qualification, there are several Family Medical Leave Act forms that will need to be filled out by the employee and approved by the employer.
FMLA is provided by the federal government to employers who have 50 employees or more during 20 or more weeks of the year, with some exceptions. Employees in Florida can qualify for FMLA if their employer is covered. In addition to the federal FMLA coverage in Florida, the state also gives leave to domestic violence victims.
While some of the Family Medical Leave Act guidelines for use are outlined here, the US Department of Labor has a plethora of fact sheets to help you sort through who and what is covered by the FMLA.
Know Your Rights
Knowing what rights the Family Medical Leave Act gives to people seeking treatment for addiction will help a person to avoid discrimination against recovering addicts by their employer. An employee should determine if they qualify for the Family Medical Leave Act, given their situation. For example, part-time employees may also qualify for FMLA, depending on how many total hours they worked in a year.
Eligibility
The eligibility requirements for the Family Medical Leave Act include:
- Eligibility Requirements for FMLA
Working for an employer that is covered
Has worked for the employer for a minimum of 12 months
Worked at least 1,250 hours during the 12 months directly leading up to the leave
To qualify for FMLA for addiction treatment, there are additional requirements about the reason for FMLA leave. The person can only use leave for treatment by a healthcare provider. Their absence cannot simply be a result of their substance use. Employees that are caring for a family member who is undergoing substance use disorder treatment can also qualify for leave under FMLA.
What happens if an employee is not eligible for the Family Medical Leave Act? If an employee does not meet these requirements, they can still request time off for substance use disorder treatment. However, they may not be guaranteed health insurance or job security throughout the process.
Telling Your Employer
Telling your employer about your substance use disorder can be intimidating. You don’t want them to think differently about you or your ability to do your job. However, having open communication with your employer and showing them that you are serious about the recovery process will help show them you are responsible and taking control of your life.
When an employee requests for FMLA leave, there is an FMLA request form the employee will have to fill out. If the employer qualifies for FMLA, they will certify the request and grant an unpaid leave of absence.
Dealing with Coworkers
When a person returns to work after time off, they are bound to get questions from coworkers as to where they’ve been. Some people may experience harassment by coworkers about their leave from the Family Medical Leave Act. It is completely up to the individual on whether or not they want to disclose their addiction treatment. By law, an employer is not allowed to discuss an employee’s health, and therefore a person’s coworkers will only hear it from them. As there can be a stigma associated with drug addiction, it is understandable if an individual would rather not discuss their treatment at work.
Choosing a Treatment Center
When using the Family Medical Leave Act leave for a substance use disorder, treatment at a healthcare facility is required in order to qualify. Choosing a drug addiction treatment center to use for a person’s treatment can be a difficult decision. To find the best drug treatment centers, the Substance Abuse and Mental Health Administration has a national helpline that can help individuals in their decision.
Returning to Work
The Family Medical Leave Act policy guarantees that a person can take leave for medical issues and will be allowed to return to work after their leave is complete. An FMLA return-to-work form must be submitted by the employee when they are ready to return to work.
When it comes to substance use disorders, despite qualifying for leave from the Family Medical Leave Act, an employee is not necessarily safe from being fired for their substance use. If the employer has an established substance use policy that has clearly been communicated to the employees and is non-discriminatory, the employer has the right to terminate the employee for substance use. Instead, some employers may use a return to work after rehab agreement that may require periodic drug tests or continuing treatment after returning to work.