Navigating employment while struggling with substance use can feel overwhelming. Understanding your rights and protections is crucial for making informed decisions about seeking treatment.
Legal Protections for Employees Seeking Treatment
The Americans with Disabilities Act (ADA) provides significant protection for employees in recovery. If you’re actively seeking treatment and not currently using illegal substances, your employer cannot legally terminate your employment based on your addiction history.
Verify your insurance coverage to understand your treatment options while maintaining employment.
California-Specific Employment Rights
California law offers additional protections for employees seeking addiction treatment. Companies with 25 or more employees must provide time off for voluntary drug rehabilitation. The state recognizes substance abuse as a disability when you’re actively pursuing treatment, ensuring further workplace protections.
FMLA and Protected Leave
The Family and Medical Leave Act (FMLA) guarantees up to 12 weeks of protected leave for substance abuse treatment. During this time, your job remains secure, and you can focus on your recovery journey without employment concerns.
Understanding Current Drug Use vs. Recovery
It’s important to note that active illegal drug use isn’t protected. Employers can terminate employment for failed drug tests or impaired job performance. However, once you’re in recovery, you’re protected against discrimination in promotions or assignments.
Workplace Support and Confidentiality
Many employers offer Employee Assistance Programs (EAPs) providing confidential addiction support. Your employer must maintain strict confidentiality regarding your treatment status.
Contact our team to learn how to navigate workplace situations while seeking treatment.
Reasonable Accommodations During Treatment
You have the right to reasonable workplace accommodations while receiving addiction treatment. These might include modified schedules or temporary reassignment of duties. Your employer should work with you to ensure you can maintain both your recovery and employment successfully.
Taking the First Step
Don’t let fear of job loss prevent you from seeking help. With proper legal protections and support systems in place, you can pursue recovery while protecting your career. The earlier you seek treatment, the better positioned you’ll be to maintain both your health and employment.
