Resource Friday. One of the most common reasons someone delays addiction treatment is the fear they will lose their job. It’s understandable, but for many workers out there in need, it’s truly based on incomplete information. Real job protection for treatment is offered by federal law. And knowing the hows can change the important conversation with your employer.
What FMLA Actually Protects
Administered by the U.S. Department of Labor, the Family and Medical Leave Act ensures eligible employees up to 12 weeks of unpaid, job protected leave for serious health conditions. Additionally, the Department of Labor has specifically confirmed substance use treatment qualifies as a serious health condition through the FMLA, which includes inpatient treatment and outpatient care when using a licensed provider.
During an FMLA leave, it is required of your employer to maintain your group health insurance as if you had continued working. And they must allow you to resume the same, or a nearly identical position upon return.
Who Is Actually Covered
Unfortunately, FMLA doesn’t apply to every employee or workplace. To qualify for leave, you generally need to meet the following thresholds:
- Your employer has 50 or more employees within a 75-mile radius
- You’ve worked for your employer for at least 12 months
- You have worked at least 1,250 hours in the past 12 months
If you are working for a smaller employer, or you can’t fulfill the time requirements, some states offer their own family and medical leave laws with lower thresholds. In this case, it would be worth the effort to investigate your state’s specific programs, because the FMLA is not always the only option.
What You Are and Are Not Required to Disclose
You do not have to explain all the details of your journey to your employer. In most cases, your healthcare provider will complete a certification stating you have a serious health condition in need of leave. But they do not need to specify what that condition is in detail. Approving the leave is largely based on that certification, rather than your employer investigating the specifics themselves.
Importantly, all medical information regarding your leave has to remain confidential and kept separate from your general personnel file. If you are concerned about coworkers or supervisors learning more than you wish to share, make sure protection exists whether or not you thought to ask about it.
Before You Have the Conversation
Here are a few things you may want to consider doing before you talk to anyone at work:
- Check your employee handbook for existing leave policies because they may offer more flexibility than the FMLA alone
- Confirm your FMLA eligibility with the criteria above
- Get certification from a licensed provider
- Decide how much you wish to share because disclosure beyond what is required is your choice
How to Actually Start the Conversation
It may be easier for you to start with your Human Resources manager rather than a direct supervisor because HR handles those requests. A simple, direct approach will often work better than an overexplanation:
“I need to request medical leave under the FMLA for treatment of a health condition. I will provide documentation from my provider, but I’d like to discuss the leave process and what’s needed from me.”
This type of framing keeps the process clinical rather than requiring you to justify your decision.
The Bottom Line
You should not have to choose between your job and getting the help you need. The FMLA is in existence because federal law recognizes that serious health conditions, including substance use treatment, deserves real protection. If you are weighing losing your job versus getting help, we can help you understand what is needed before you have the conversation at work. We can help you explore our treatment programs, and discover what level of care could work within an FMLA-protected leave.