FMLA for Substance Abuse Treatment: What's Covered

Introduction

Substance abuse treatment can qualify for FMLA protection—but there are important distinctions. Using substances is not protected, but seeking treatment for addiction often is.

What FMLA Covers

### Inpatient Treatment If you're admitted to a treatment facility: - Residential rehab - Hospital-based treatment - Detox programs requiring overnight stay

**This qualifies as inpatient care for a serious health condition.**

### Outpatient Treatment Regular treatment appointments can qualify if: - You're receiving continuing treatment - Incapacity extends beyond 3 days - Treatment is from a healthcare provider

**Examples:** Intensive outpatient programs, regular therapy, medication management.

What FMLA Does NOT Cover

### Absence Due to Substance Use Missing work because you're intoxicated or incapacitated from substance use is **not protected**—even if you have a substance use disorder.

### Discipline for Policy Violations If you violate workplace drug/alcohol policies, your employer can take action regardless of FMLA status.

The Critical Distinction

| Situation | Protected by FMLA? | |-----------|--------------------| | Attending rehab | Yes | | Missing work drunk | No | | Therapy appointments | Yes (if certified) | | Failed drug test | No (can be disciplined) | | Relapse requiring treatment | Yes | | Using at work | No |

How to Request Leave

1. Request leave for "treatment of a health condition" 2. Provide certification from your treatment provider 3. You don't need to disclose specific diagnosis to employer 4. Medical records remain confidential

Confidentiality Protections

### FMLA Certification Your certification does not need to state "substance abuse" or "addiction." It can describe: - "Treatment for a chronic health condition" - The nature of treatment without specific diagnosis

### ADA Considerations Recovering from addiction may also be protected under the ADA, providing additional confidentiality and accommodation rights.

Returning to Work

• Your employer can require fitness-for-duty certification
• Some employers have "last chance agreements"—get legal advice before signing
• You're entitled to the same or equivalent position

Employer Drug Testing

FMLA doesn't prevent: - Pre-employment drug testing - Random testing under existing policies - For-cause testing

But employers can't single you out for testing because of FMLA leave.

Conclusion

FMLA can protect your job while you seek treatment for substance abuse. The key is seeking legitimate treatment, not absences due to the substance use itself. Get help—your job may be more protected than you think.

*LEGAL DISCLAIMER: The information provided on this website is for general informational purposes only and is not intended to be legal advice. Nothing on this site should be taken as legal advice for any individual case or situation. Consult with a qualified employment attorney for guidance specific to your circumstances.*