Can You Use FMLA for Rehab?

When it comes to deciding to enter treatment, there are countless justifications people use to talk themselves out of getting the help they need. And because going to treatment can feel like a daunting prospect, many of these hesitations are completely understandable. However, what isn’t right is when people avoid proper treatment because they believe they cannot take time off work without risking their jobs.

Fortunately, the Family and Medical Leave Act (FMLA) can be a vital resource, allowing individuals to attend treatment while ensuring their employment is protected. Here, we discuss how and why the FMLA for rehab can be applied specifically to time spent in recovery, providing individuals with the necessary support without compromising their careers.

Your Rights to Unpaid, Protected Leave

Established in 1993, the FMLA is defined by the United States Department of Labor as “entitling eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons.” In layman’s terms, this means that employees who are eligible for the FMLA will be able to keep their jobs while taking unpaid time off work to deal with a family or personal health issue.

Who Is Eligible For FMLA In Colorado?

Colorado employers must comply with FMLA if they have at least 50 employees for at least 20 weeks that year or the previous year. Nevertheless, there are still some requirements that any employee must meet in order to be covered by the FMLA in Colorado. Employees are eligible for FMLA if an employee have worked for the company for at least one year, worked 1,250 hours in the previous year, or work at a location with at least 50 employees in a 75-mile radius

What Is FMLA Leave Typically Provided For?

If a Colorado employee is eligible to take FMLA for rehab, leave is available for a wide scope of both familial and medical reasons. According to the U.S.Department of Labor, eligible individuals are entitled to twelve workweeks of leave in a 12-month period for:

• The birth of a child and caring for the newborn child within one year of birth
• Adopting or fostering a child and caring for the newly placed child within one year of placement
• To care for the employee’s spouse, child, or parent who has a serious health condition
• A serious health condition that makes the employee unable to perform the essential functions of his or her job
• Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty.”

Does The FMLA Cover Substance Abuse Treatment?

Because the FMLA grants leave for any ”serious health condition that makes the employee unable to perform the essential functions of his or her job,” substance abuse definitely falls under that category. Substance abuse is a disorder that heavily affects all aspects of an individual’s health, and thankfully, employees in need of specialized treatment will have their jobs protected through FMLA for rehab and substance abuse treatment. As explained by the American Addiction Centers, “For individuals suffering from addiction, those 12 weeks of medical leave can be the beginning of a journey toward recovery, and that in turn can yield many benefits for themselves and their employer.”

Connection Between The FMLA And ADA

Thankfully, alcoholism and drug addiction are considered disabilities under the Americans with Disabilities Act. However, when it comes to addiction, the ADA can’t be used as a get-out-of-jail-free card. Addiction is covered under the ADA, but only during the hiring process. This means that employers have the full right to take action against their employees if their substance abuse problem begins to affect their work.

Why Use FMLA For Treatment?

If you are struggling with substance abuse, the Family and Medical Leave Act is a tool put in place to help you. It is designed to give people a chance to get a handle on things before it is too late. This way, they may be able to help themselves before their substance abuse results in serious ramifications. In many cases, termination from employment could have been avoided had an individual utilized their FMLA leave to get the help they needed when they had the opportunity to. Our team is available to help and guide you through the process of taking FMLA for treatment.

Secure Your Recovery with FMLA for Rehab

Don’t let fear of losing your job stand in the way of getting the treatment you need. FMLA for rehab empowers you to take the necessary time off work while ensuring your position is protected. With the right guidance, accessing professional care and starting your journey to recovery has never been more achievable. Take action now, contact us to see how FMLA can help you reclaim your health and your future.

About the Author

Jackson Sawa works as a writer for Dolan + Zimmerman LLP, covering a number of legal topics. When he isn’t at his computer, you can usually find him outside or researching something that only he finds interesting.