How to Request Time Off Work for Rehab: 5 Steps to Protect Your Job

Step 3: Learn How to Use FMLA for Rehab

Following the proper FMLA process helps protect your rights. While each employer has their own workplace policy, the process generally looks like this:

1. Find out what information your workplace requires.

Most employers want to know how long you’ll be in treatment. The admissions staff at your treatment center can help you determine your length of stay, which might include detox (typically 5-7 days) followed by residential or outpatient treatment.

Your employer might require a fitness-for-duty certification⁶ confirming you’re able to return to work after FMLA leave. They should tell you this, and provide a list of essential job duties, before you leave.

2. File an FMLA leave request.

For planned treatment, give your employer at least 30 days’ notice.

If this is your first time using FMLA leave, you don’t need to specifically mention “FMLA” as long as you provide enough information about your need for medical leave.

3. Wait for your employer’s response.

Your employer must tell you the status of your FMLA leave within 5 business days.

Documentation and Privacy

These privacy protections⁷ are also important to know:

• You don’t need to give your employer your medical records unless specifically requested.
• Any contact between your employer and healthcare provider must follow HIPAA privacy rules.
• Your direct supervisor cannot contact your healthcare provider.

Timeline Considerations

Timing matters when requesting FMLA leave:⁸

• Provide 30 days’ notice when treatment is planned in advance.
• For urgent treatment needs, notify your employer as soon as possible.
• Your employer must notify you of FMLA eligibility within 5 business days.
• Medical certification, if required, is typically due within 15 calendar days.

Remember that addiction treatment timelines sometimes change based on your progress. If your treatment extends beyond your original estimate, let your employer know as soon as possible.

Step 4: Understand ADA Protections

The Americans with Disabilities Act prohibits discrimination against people with disabilities in all areas of public life, including employment.

Alcoholism and addiction that meet certain medical conditions are considered disabilities under ADA.⁹

How ADA Protects You During Treatment

If you qualify for ADA protection, your employer must make reasonable accommodations¹⁰ as you seek addiction treatment. This includes accommodating a schedule that allows you to attend treatment.

Once you request time off to attend a rehabilitation program, your employer must keep this information completely confidential. You’re also protected from discrimination in future hiring processes.

Your state may provide additional protection against being fired for attending addiction treatment. Check with your HR department about state-specific protections.

Just like with FMLA, ADA doesn’t protect you if you’re currently using substances.

Step 5: Approach Your Employer Effectively

It’s best to talk to your employer about your need for treatment as soon as possible. While this may seem scary, remember that seeking treatment is far less likely to hurt your career than the negative impact untreated substance use can have on your job performance.

You might imagine worst-case scenarios about talking to your boss, but don’t let fear stop you from getting help. Many employers are understanding, especially when you’re actively seeking help.

Public attitudes about addiction treatment have improved significantly. According to research comparing data from 1990–2003, stigma around mental health treatment has decreased, while public support for seeking treatment has increased.¹¹

What to Say to Your Employer

Before talking with your employer, prepare the necessary information:

1. Check if your company is covered by FMLA and learn about their policies.
2. Know approximately how long you’ll be in treatment. Your treatment facility can help you estimate this.
3. Understand your employee rights before going into the conversation.

When approaching your employer, be direct and professional. You can share details about your addiction if you’re comfortable doing so, but it’s not required. Focus on your commitment to treatment and returning as a healthy, productive employee.

Schedule a private meeting in a confidential setting. If you’re uncomfortable talking with your direct supervisor, consider going to HR instead.

Get all agreements in writing. After discussing your leave, follow up with an email summarizing what was discussed. Ask HR to confirm your job-protected leave dates and return expectations in writing, too.

Complete required paperwork promptly. Submit any FMLA forms or medical certification on time to ensure your leave is properly protected.

Set clear boundaries about contact during treatment. Many treatment programs restrict phone and email access, especially early in treatment. Regardless of your rehab program’s policy on devices, it’s essential to protect your healing process. 

Preparing for Your Return

Before leaving for treatment, tie up loose ends at work:

• Brief colleagues who will cover your responsibilities
• Create documentation of current projects
• Set up an out-of-office message that simply states you’re on leave
• Discuss with HR how your return to work will be handled

Remember that your employer should keep your medical information confidential. Only those who need to know about your sick leave should be informed.

You Can Do This: Take Care of You While Protecting Your Job

Taking steps to protect your job while seeking treatment helps safeguard both your health and your career. 

Ready to start your recovery journey? Search for a rehab center that fits your needs and speak to an admissions advisor directly today.

FAQs

Q: Can the FMLA be used for rehab?

A: Yes, FMLA can be used for addiction treatment if you meet eligibility requirements. FMLA does not cover absences due to substance use itself.

Q: How much time can you take off work for mental health?

A: Under FMLA, eligible employees can take up to 12 weeks of unpaid leave in a 12-month period for serious health conditions, including mental health issues that require continuing treatment.

Q: Should I tell my employer I’m in recovery?

A: This is a personal decision. You’re not required to disclose your recovery status. Consider your workplace culture and your relationship with your supervisor before sharing this information.

Q: Is drug rehab covered by FMLA?

A: Yes, substance abuse treatment can qualify for FMLA leave if you’re receiving care from a healthcare provider. The treatment must be provided by a healthcare professional.

Q: How does ADA protect you as you seek addiction treatment?

A: The ADA may protect employees with substance use disorders who are not currently using illegal drugs. It prohibits discrimination and requires reasonable accommodations for treatment.

Q: How do I request leave from work to attend rehab?

A: Schedule a private meeting with your supervisor or HR, clearly state your need for medical leave, provide necessary documentation, and follow your company’s leave request procedures.

Q: How do I request time off work for rehab without losing my job?

A: Know your rights under FMLA and ADA, follow your company’s procedures for requesting leave, provide required documentation, and get all agreements in writing.