While addiction treatment is extremely important, it can be very hard to put your entire life on hold to take the time you need. Work commitments are one of the most one of the most common barriers preventing people from receiving treatment as they are unable to take time off and fear that they might not have a job after. However, this is not the case and there are ways to ensure you can remain employed while still getting the help you need.
While it is a common misconception that many addicts are unemployed, in reality, the Substance Abuse and Mental Health Services Administration (SAMHSA) reports that 76 percent of people with substance abuse issues hold jobs. There are laws in place to protect those who struggle with addiction from being fired, especially because addiction is classified as a mental illness. More than this, receiving treatment and becoming sober will likely result in a higher performance in the workplace and possibly even promotions.
It is also important to note that inpatient rehab is not the only option when receiving treatment for addiction. While rehab centers are likely to be the most effective for those who are really struggling, there are other solutions such as outpatient treatment centers where individuals can travel back and forth from a treatment center.
What Are My Rights in the Workplace?
Going to drug and alcohol rehab with a job can be scary, but there are laws in place that ensure your rights while working. The Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) were both enacted to ensure an individual can enter a treatment facility while maintaining a job they depend on to survive.
Americans with Disabilities Act (ADA)
An individual is covered by the ADA if they have been successfully rehabilitated after drug use or currently participating in a rehabilitation program. When protected by the ADA, you are not allowed to be fired for reasons relating to your addiction or recovery process. If there is any dispute, or you are terminated, you can file a charge of discrimination against the employer.
Family and Medical Leave Act (FMLA)
For the Family and Medical Leave Act, an employee can qualify for 12 weeks of medical leave, including for reasons related to addiction treatment. Even though this leave of absence is generally unpaid, you can maintain peace of mind knowing that you will continue to have a job after your treatment.
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How Should I Prepare for Treatment with a Job?
No matter what treatment route you decide to take, you will need to have an honest conversation with your employer about your treatment plan especially if it will interfere with your work schedule. Even when enrolling in outpatient care, which you may be able to adjust depending on your work schedule, it is best to be honest with your employer because withdrawal symptoms and treatment may be impair your ability to focus and function like before.
If an employer confronts you before you have the chance to talk to them first, it is best to be open and honest about your addiction. By doing this, you can protect yourself from being terminated because usually employers will be required to allow their employees to attempt to become sober before dismissing them.
If you plan to talk to your employer first, it is crucial to first understand your rights as an employee and the drug and alcohol policies for your specific company. Individuals within human resources can be very useful in this process and can help you through the situation.
How Should I Return to My Job After Treatment?
Working during and after addiction recovery is possible. Once treatment is complete, a Return-to-Work Agreement (RTWA) will be drafted and signed. This document should outline all of the expectations of an employee when returning to work after treatment. Most RTWAs include maintaining sobriety and complete abstinence from alcohol and/or drugs, regular drug testing, acceptance of all of the recommendations made by treatment professionals, agreement to be monitored by the company, and agreement to be disciplined if company rules are violated, not relating to drugs or alcohol.
While many people avoid treatment out of fear of losing their job, in the long run it is extremely beneficial to take time off to get the help you need. Knowing your rights in the workplace is the first step to maintaining a job while in treatment.