How to Take a Leave of Absence From Work for Rehab?

Disclaimer: This article is for informational and educational purposes only and does not replace legal or medical advice. FMLA eligibility and ADA protections depend on individual circumstances. Refer to a qualified employment attorney or a licensed healthcare provider for personalized guidance.

Taking the first step toward recovery from substance use or mental health conditions is a very courageous step. Yet, it is also a life-changing step. If you are a jobholder, this step will come with some very real questions. For instance, how do you speak to your employer or manager regarding taking a leave of absence for rehab? At the NuView Treatment Center, we understand this conundrum very closely.

This article provides general information about workplace leave for rehab and is not legal advice. FMLA, CFRA, disability benefits, and other leave protections have different eligibility requirements, and your rights can depend on your employer, your state, your employment history, and your medical condition. Consider speaking with a qualified employment attorney or your state's relevant agency before relying on this information for your personal circumstances.

The “Family Medical Leave Act” or FMLA was passed by President Bill Clinton in 1993. It entitles employees to healthcare coverage for personal or family-related health concerns provided by your employer. This covers serious conditions that require residential or ongoing care, such as substance use and co-occurring mental health conditions, like anxiety, depression, bipolar disorder, attention-deficit/hyperactivity disorder, post-traumatic stress disorder, schizophrenia, memory-related conditions like Alzheimer’s Disease, and others.

Substance use and mental health conditions are complicated conditions that can be treated in residential and outpatient settings. The FMLA entitles you to 12 weeks of unpaid, albeit job-protected leave, for rehab or other recovery options, during which you will be protected from job loss and other related concerns.

The U.S. Department of Labor says that FMLA applies to all public agencies, schools, and companies with 50 or more employees.

Employees are eligible for leave if they have been with their employer for 12 or more months, and worked for 1,250 or more hours in the past 12 months at a location where the company employs 50 or more employees or within 75 miles of this location.

The 1,250 hours over the past 12 months will be determined as per the Fair Labor Standards Act (FLSA) principles. Time off taken in case of pregnancy or related complications can be counted against the 12 weeks of leave.

For employees in California, the federal FMLA is not the only leave protection to consider. The California Family Rights Act (CFRA) may provide up to 12 weeks of job-protected leave in a 12-month period for an employee's own serious health condition, provided the employee meets the applicable eligibility requirements. Generally, an employee must have worked for the employer for at least 12 months, worked at least 1,250 hours during the preceding 12 months, and work for an employer with at least 5 employees.

California employees may also qualify for State Disability Insurance (SDI) benefits if a qualifying non-work-related illness or disability prevents them from working and they meet the program's requirements. SDI can provide partial wage replacement, but it does not itself provide job protection. Job protection may instead come from laws such as FMLA or CFRA, or from other applicable workplace protections.

As FMLA, CFRA, SDI, employer policies, and disability-accommodation laws can overlap in different ways, California employees need to confirm which protections apply to their specific circumstances with HR, the California Civil Rights Department, the California Employment Development Department, or a qualified employment attorney.

Here are a few steps you can follow to request a leave of absence for rehab in the case of substance use and/or mental health conditions:

• First, visit a licensed and experienced clinician or mental health specialist for a comprehensive psychiatric and physical evaluation to understand your diagnosis and determine the level of care you need.
• Once your healthcare provider informs you regarding the level of care you need (residential or outpatient, mostly), you can understand the amount of time you need to take off work.
• Check your FMLA eligibility criteria and review your state-specific leave laws, company policies, and benefits to understand which protections may apply. If you work in California, this may include CFRA and SDI in addition to FMLA.
• Before you go in for the meeting, reflect on what you want to disclose. Remember, you do not have to tell everything. Whatever you choose to say is protected by the Health Insurance Portability and Accountability Act (HIPAA), which ensures your safety and privacy.
• Schedule a time for the meeting with your manager, HR team member, or employer. You need to provide the notice in advance - preferably 30 days before you are scheduled to enroll in rehab.
• In the meeting, you need to inform the number of days you need and address any job-related concerns - like unfinished tasks, when you are expected to return to work, and so on. Assure your employers of your commitment to the job, and if there are any options for working during your rehab.
• Underline how rehab is integral to your physical and mental safety and well-being, as well as your performance.
• Once you are done with the meeting, put everything in writing. Include forms with regard to FMLA/your company and complete all company-related formalities. Follow up with the HR or your manager to ensure you have done everything as needed before you can avail the leave.

Staying in touch with your employer while in rehab is crucial. Keep your employers informed regarding your progress (as much as is appropriate) and when you will be returning to the job.

Be clear on how they can reach you for urgent matters, while also emphasizing your need for privacy and focus on recovery.

Returning to your job after rehab is a challenging experience. You may fear stigma or discrimination. But on the brighter side - rehab for your substance use and mental health challenges is good for your physical and mental well-being, which, in turn, reflects well on your job performance as well.

Slowly and surely, this transition will become easier as you begin to experience the positive effects of healing and recovery - even at your workplace.

If you are fearing stigma or discrimination, then remember that the Americans with Disabilities Act (ADA) protects you from any kind of prejudice or discrimination against substance use and mental health struggles. You can speak with an ADA specialist to better navigate this in that case.

If you or someone you know has taken the decision toward recovery or rehab for substance use and mental health conditions, then please reach out to NuView today. We offer a full continuum of personalized outpatient care that meets you where you are. Our expert team and case managers will always be there for you as you navigate life and recovery.

Please do not hesitate to reach out to us at (323) 307-7997 to connect with our expert team today!

1. How many days of leave will I need for rehab?

While the timelines may vary from person to person, residential rehab typically lasts for 30 days. Outpatient rehab may last longer, but it is more flexible.

2. Is outpatient rehab covered under the FMLA?

Outpatient treatment programs, like partial hospitalization programs or intensive outpatient programs, may qualify for FMLA protection if they meet the criteria for ongoing care for substance use and mental health conditions. Eligibility must be confirmed through proper medical certification.

3. What if I am denied leave despite being eligible for it?

If you believe you have been denied leave despite meeting the applicable eligibility requirements, you can seek legal advice or contact the relevant federal or state agency. In California, this may include the U.S. Department of Labor for FMLA questions, the California Civil Rights Department for CFRA and certain disability-related employment protections, or the California Employment Development Department for State Disability Insurance questions.

4. Can I be fired despite FMLA?

Under FMLA, an employer cannot terminate you for taking approved, job-protected leave. However, employers may still enforce standard company policies unrelated to your leave (such as layoffs or other performance-related concerns that are not connected to your medical leave). If you believe your rights were violated, you may consult an employment attorney or contact the U.S. Department of Labor.

5. Is returning to the job after rehab difficult?

Returning to your job after rehab can be a challenging experience. You may fear stigma and discrimination, but acts like the ADA protect you from any kind of prejudice or discrimination related to substance use and mental health conditions.