The Family and Medical Leave Act, commonly known as FMLA, allows you to take time off work for medical reasons. You can use FMLA for substance abuse treatment at a health care facility. If you use FMLA, your health benefits are not affected.
Estimates show that around 15 to 20 million people in the US use FMLA each year to take protected time off work [1]. The Act was introduced in 1993 in order to protect people’s jobs while also being able to access necessary medical care.
Here’s what you need to know about FMLA and addiction treatment.
What Is FMLA?
The Family and Medical Leave Act is legislation that lets employed people in the US take unpaid leave from work for family and medical purposes. The total amount available is 12 weeks of leave in a 12-month period.
When taking time off as a result of FMLA, your employment is not put at risk, nor are your existing health benefits changed.
FMLA was created to help workers balance personal and family health needs without potentially losing their jobs. It was formed in response to the ‘dual-earner’ income structure, where more households had both parents employed and fewer caregivers available to look after young children or deal with medical emergencies.
FMLA also prevents you from losing employer-sponsored health insurance due to extended periods of leave because of health.
Who Does FMLA Apply To?
The act applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees within a 75-mile radius of the worksite.
For employees, the requirements to be eligible for FMLA are:
- Having worked with the company for a minimum of 12 months
- Having worked a minimum of 1,250 hours for the company in the past year
Generally speaking, employees of small organizations, new employees, part-time employees, and remote employees cannot use the FMLA.
What Does FMLA Cover?
FMLA covers a range of scenarios in which you may need to take time away from work. These are:
- Having a serious health condition that prevents you from being able to work
- Caring for a spouse, parent, or child with a serious health condition
- Giving birth and caring for a newborn within the first year
- Caring for an adopted child within the first year of adoption
- Any qualifying scenario due to having a spouse or an immediate family member called to active military duty
Addiction treatment is covered under ‘having a serious health condition that prevents being able to work’. Inpatient drug or alcohol rehab, detox, or intensive outpatient therapy all fall under the ‘serious health condition’ clause in FMLA.
Can I Use FMLA For Addiction Treatment?
For FMLA purposes, all forms of addiction treatment must be given by a health care provider or by services that are recommended by a health care provider.
Absence because of substance use does not qualify for FMLA. Only time off for substance use treatment qualifies. People who want to attend counseling sessions as part of their spouse’s addiction treatment are eligible for FMLA. Likewise, if you want FMLA leave to care for a family member in substance abuse treatment, you are eligible.
It’s important to note that employers cannot take action against workers who use FMLA for addiction treatment purposes. However, even if an employee takes FMLA leave, organizations that have a preexisting, non-discriminatory policy around substance use that has been shared with employees can let employees go on those grounds.
Workers who use FMLA to care for family members in addiction treatment cannot be terminated.
How Do I Access FMLA?
If you want to take time off work using FMLA, the process is straightforward. The US Department of Labor advises giving a 30-day notice period for planned leave, and 1-2 days notice for unplanned leave.
- Contact your HR representative and tell them that you want to request leave.
- Specify the scenario and starting date for leave (you do not legally have to share a diagnosis).
- HR will confirm if you are eligible for FMLA within 5 business days.
- Once confirmed, provide a medical certificate supporting your request within 15 days.
- Await approval.
FMLA provides a maximum of 12 weeks of unpaid leave per year. If you need more time, or prefer to receive your salary, you can discuss with your HR team about using paid or accrued time to cover the leave instead. If you opt to use paid vacation, your allowance for FMLA will not be affected.
When you return to work after having time away as part of FMLA, your employer legally has to provide you with the same role and duties.
FMLA-Qualifiable Addiction Treatment in Massachusetts
At Trinity Wellness Group, we offer personalized day and half-day treatment programs for those recovering from addiction. Through evidence-based approaches like Cognitive Behavioral Therapy (CBT) and Dialectical Behavioral Therapy (DBT), we help people address the causes of addiction and develop healthy coping strategies. We also offer Medication-Assisted Treatment (MAT) where needed to alleviate discomfort and cravings, and prevent relapse.
All of our care is personalized to individuals. Our team is licensed medical professionals, and our treatment center is state-of-the-art. We meet the requirements for FMLA. We also encourage family members to participate in the recovery journey, and can support their FMLA request.
Addiction doesn’t end alone. We’re here, we’re qualified, and we care. Speak with our admissions team.
Sources
[1] US Department of Labor. (August 2020). Employee and Worksite Perspectives of the Family and Medical Leave Act: Results from the 2018 Surveys Final Report. dol.gov.