If you want to go to rehab for a problem with addiction, you have a couple of options when it comes to how to tell your boss. Be honest. Go directly to your boss and tell him or her, “I need to let you know that I have an addiction to drugs/alcohol. I am tired of living my life like this.
Full Answer
What should employers do if an employee has an alcohol problem?
In any case, the appropriate course of action is to continue to hold the employee accountable for his or her performance and/or conduct, regardless of whether or not the employee has admitted an alcohol problem.
Why would an employee be referred for an alcohol assessment?
However, in some cases, the employee will be referred by you because you have noted a decline in the employee’s conduct, attendance, or performance and/or seen actual evidence of alcohol use or impairment at work.
What is the employer’s role in the early treatment of alcoholism?
In addition, the employer has a stake in the early treatment of alcoholism, since the employee will have a greater chance of returning sooner to full functioning on the job if the disease is arrested at an earlier point.
Do I qualify for workplace drug or alcohol protection?
Current drug use is not protected and current alcohol drinkers are not protected if drinking affects their work. Depending on a number of factors, including whether you are coming to work high or drunk, or if you pose a threat to employees or yourself, you may not qualify for protection.
Should I tell my boss I have a drinking problem?
As long as you stay positive and know your rights, telling your employer about your addiction can help you stay sober and cope with triggers in the workplace, which can go a long way toward helping you stay sober for the long-term.
Can an employer ask about alcoholism?
According to the Equal Employment Opportunity Commission (EEOC): “[t]hat depends on whether the particular question is likely to elicit information about alcoholism, which is a disability. An employer may certainly ask an applicant whether s/he drinks alcohol because that does not reveal whether someone has alcoholism.
Can FMLA be used for alcoholism?
FMLA leave may cover an employee for the treatment of alcoholism if — and only if — a healthcare provider recommends treatment. In practical terms, FMLA only kicks in if you seek treatment on the recommendation of a healthcare provider. An employee cannot use FMLA leave to miss work simply because of substance abuse.
Can you get fired for being a drug addict?
While employers are free to terminate and can refuse to hire anyone whose alcohol or drug use impairs their ability to perform the duties of their job, employers cannot fire or take other negative employment actions against an employee because of their status as an alcoholic or drug addict. California and federal laws ...
Can you fire an employee for alcoholism?
While it is unlawful for an employer to fire an employee solely because he is an alcoholic, a company may fire a person for unacceptable behavior, such as a safety lapse, violation of company rules or repeated absence, even if the behavior is caused by alcoholism.
Can I be sacked for being an alcoholic?
Employers must act in accordance with any staff policies on drug and alcohol abuse and ensure a fair performance management process is followed. To dismiss an employee for alcohol related reasons an employer could potentially rely on conduct, capability or some other substantial reason depending on the circumstances.
Is Drug Addiction a disability?
In short, yes. Diagnosable drug and alcohol addictions, or substance use disorders (SUDs), are considered disabilities under Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (ADA), and Section 1557 of the Affordable Care Act.
What can be used for FMLA?
You may take FMLA leave to care for your spouse, child or parent who has a serious health condition, or when you are unable to work because of your own serious health condition. 4) pregnancy (including prenatal medical appointments, incapacity due to morning sickness, and medically required bed rest).
What is the most common type of substance use disorder?
Alcohol use disorder is still the most common form of substance use disorder in America, fueled by widespread legal access and social approval of moderate drinking.
Should an employee be dismissed for substance abuse?
It is clear from these acts that substance dependence should be handled as incapacity and not a kind of misconduct. Therefore, an employee cannot be dismissed for unsatisfactory performance due to his condition, but the employer should consider appropriate counselling and rehabilitation steps.
Is alcoholism a disability?
So, yes, alcoholism is a disability under federal employment laws. Your employer has an obligation to provide you with a reasonable accommodation, should you request it.
Can an employer ask what medications you are taking?
Medical Information Is Private If an employer asks what prescriptions you're taking, this is regarded as a medical inquiry under the ADA. The starting point is that an employer can not ask about your use of prescription drugs unless the inquiry is job-related and consistent with business necessity.
How long do you have to work for the same employer?
Have been working with the same employer for at least 12 months . These 12 months don’t need to happen consecutively; you could have worked 12 months on and off as long as you worked those months with the same employer. Have worked at least 1,250 hours during your time with your employer.
How long can you leave a job for rehabilitation?
This law gives employees the right to leave for up to 12 weeks in order to participate in a rehabilitation program. It’s important to highlight, however, that employees have to qualify for this. An employee will be deemed eligible if they: Have been working with the same employer for at least 12 months.
What Are Your Rights?
The first thing to take into consideration is your rights. It’s important to know your rights regarding rehab and your work if you’re going to have this conversation. While it can be a scary conversation to think about, knowing more about this subject makes it easier to complete this step.
Why do you need to go to a recovery center?
Perhaps you’ve reached out to a recovery center because you’re ready to fight your substance use disorder. This is a hard decision to make, and now, you have to tell your employer about it. Many substance users convince themselves that they’re okay because they continue to have a job. It’s estimated that 70% of substance users hold a steady job, ...
Do you have to tell your employer that you have a medical condition?
You have to tell your employer that this medical condition requires treatment that will pull you away from work for some time. Be sure to disclose the amount of time you might need. No matter how much you may want to conceal what’s wrong, some employers require a medical health certification to grant you leave.
Can you talk to your employer about rehab?
While you may not want to talk about rehab with your employer, at least you know that certain laws have been put in place to protect you. Yes, there is a stigma associated with substance use disorder, but you can deal with that afterward.
Can employers disclose substance use disorder?
There’s also the concern that the workplace will become hostile when coworkers learn of your substance use disorder. The good news is that employers can’t disclose your condition or the reason you’re leaving. If they do say anything, they’d be in violation of the FMLA, ADA and GINA.
How to check if your employer offers an EAP?
If you are dealing with a drug or alcohol use issue and you are wondering where to start in seeking support, you can check with your work’s human resources department or read your hiring paperwork to see if your employer offers an Employee Assistance Program (EAP). 8 EAPs are great ways to get access to screening, treatment referrals, and follow-up care. You may also be experiencing other issues in your life that are making your substance abuse issues worse – such as problems with a spouse or child, financial problems, or other personal issues, and this could be affecting your work. EAPs are completely confidential, and if you have one in place, you should take advantage of it. 9
What is the ADA requirement for an employer?
One of the most important requirements of the ADA is for your employer to provide reasonable accommodations if you qualify as having a disability. A substance use disorder qualifies as a disability if it limits a major life activity. 6 If you struggle with alcoholism, reasonable accommodation could involve a modified work schedule so that you can attend 12-step meetings or take a leave of absence. Under Section 501 of the Rehabilitation Act, there is a warning to employees with alcohol-related problems that there will be actions taken against them if they do not seek addiction treatment.
What happens if your employer denies your leave request?
If your employer denies your leave request for treatment, it is possible that they have violated the ADA or the Rehabilitation Act and you may be able to file a complaint or charge.
How long can you take off from work for drug rehab?
You can take up to 12 weeks of unpaid time off from work per year under the FMLA to attend rehab. Your employer can ban the illegal use of drugs at your workplace. It is not a violation of the ADA for an employer to give tests for the illegal use of drugs. You can be fired or denied employment if you are currently using illegal drugs.
What happens if you test positive for drugs?
If you test positive for drugs during a drug test, this information will be kept confidential, like any medical record. 6 You may also be tested after returning from treatment. If you test positive, your employer may consider you a “current” drug user and terminate your job. 6.
Can an employer discriminate against you for drug use?
Your employer cannot discriminate against you if you have a history of drug addiction but are no longer actively abusing substances. The FMLA protects you if you take leave for a serious health condition. You can take up to 12 weeks of unpaid time off from work per year under the FMLA to attend rehab.
Can an employer discriminate against an employee based on disability?
Also learn some tips on how to prepare to talk to your boss about taking medical leave for treatment. Federal law prohibits employers from discriminating against employees based on disability. Many people with past or current drug or alcohol problems are protected from discrimination by: 1.
How to keep your addiction private?
You may think the best way to keep your addiction private is to not use drugs or alcohol on the job. Keep in mind that abusing substances outside of work can still affect your job performance, and many substances stay in your system for a while, so they might show up on drug tests.
What if I’m using an EAP or health insurance?
If you plan on using an employee assistance program ( EAP) or your company’s insurance to cover the cost of treatment, you may worry your employer will be able to view your treatment information. Fortunately, EAPs are completely confidential.
What is reasonable accommodation?
In the case of a substance use disorder, a reasonable accommodation might be something like a modified schedule that allows you to attend counseling sessions.
Can you get fired for taking Vivitrol?
Keep in mind that if you’re using medication assisted treatment, this may show up in drug test results. Most workplaces have a policy of random drug tests. If your employer catches a drug like Vivitrol in your test results, you will need to explain that you’re receiving treatment, or risk being fired. In many cases, employers will support your ...
Can an employer view medical records without your consent?
Thanks to federal protections under the Health Insurance Portability and Accountability Act (HIPAA), your employer cannot view your medical records without your written consent.
Do you have to make a request for FMLA before rehab?
If you decide to use FMLA, you must make the request before entering re hab, or you will not be protected by the law.
Can employers see how many claims they have made?
They may know how many claims were made overall. They can see how many claims each employee made, but they cannot find out what the claims were for, or the facility names or treatment providers.
How to explain medical issues to your boss?
Go to your boss and explain that you have a medical situation that you need to address and that you will need time off. Tell him or her that you do not feel comfortable discussing details, but that you desperately need life-saving medical treatment and ask for support.
How to get FMLA?
To get FMLA, you will have to get a written recommendation by a doctor or addiction expert for substance abuse treatment. You cannot simply go to your company and say you want to go to rehab. Keep this in mind. Talk to HR about the necessary paperwork. They will help you determine how to get the documentation you need.
What if Your Company Doesn’t Offer FMLA?
What if it is not? If you want to go to rehab for a problem with addiction, you have a couple of options when it comes to how to tell your boss.
Why do women not get help for addiction?
One of the main reasons why women do not get help for a problem with addiction is because they are afraid of losing their jobs. The thought of having to tell a boss that you have a substance abuse disorder can be terrifying. Most professional women automatically assume they will be fired if they need to go to rehab. This is just not true.
Do you have to tell your boss you need to go to rehab?
Here is some great news – you may not have to tell your boss if you need to go to rehab. Yes, it’s true! A substance use disorder is recognized as a legitimate medical condition in the eyes of the law. This means you may not have to disclose the specifics of your situation to your boss or manager. In many cases, you can work directly ...
Can an employer take action against an employee for substance abuse?
Furthermore, “the employer may not take action against the employee because the employee has exercised his or her right to take FMLA leave for substance abuse treatment.”.
Do you have to disclose your use of illegal drugs?
You do not have to disclose your use of illegal drugs. You can simply say that you have a substance use disorder and that you need help. If you are afraid of losing your job for abusing heroin, for example, you do not have to share that information. But, if your HR department explains that they do not have a strict policy against those who admit ...
What are the legitimate concerns of an employer when an employee abuses alcohol?
However, when the use or abuse of alcohol interferes with the employee’s ability to perform his or her duties, the employer does have legitimate concerns, including the proper performance of duties, health and safety issues, and employee conduct at the workplace.
How much does alcohol cost in the workplace?
Numerous studies and reports have been issued on the workplace costs of alcoholism and alcohol abuse, and they report costs that range from $33 billion to $68 billion per year. Alcohol is a major factor in injuries, both at home, at work, and on the road. Nearly half of all traffic fatalities involve alcohol.
Why do you refer an employee to EAP?
However, in some cases, the employee will be referred by you because you have noted a decline in the employee’s conduct, attendance, or performance and/or seen actual evidence of alcohol use or impairment at work.
What is the early stage of alcoholism?
The early or adaptive stage of alcoholism is marked by increasing tolerance to alcohol and physical adaptations in the body which are largely unseen. This increased tolerance is marked by the alcoholic’s ability to consume greater quantities of alcohol while appearing to suffer few effects and continuing to function. This tolerance is not created simply because the alcoholic drinks too much but rather because the alcoholic is able to drink great quantities because of physical changes going on inside his or her body.
Why is it important to get an alcoholic into treatment?
There are obvious advantages to getting the alcoholic into treatment earlier rather than later. One advantage is that, the earlier treatment is begun , the probability of having less expensive treatment, such as outpatient care, is increased. There is also a greater likelihood of success in treatment with an individual who has not yet lost everything and still has a supportive environment to return to, including an intact family, good health, and a job. In addition, the employer has a stake in the early treatment of alcoholism, since the employee will have a greater chance of returning sooner to full functioning on the job if the disease is arrested at an earlier point. Early treatment is simply less disruptive to the workplace and can help the employee avoid further misconduct and poor performance. If an alcoholic employee doesn't’t get help until very late in the disease, there may have been irreparable harm done to the employee-employer relationship.
What is the deteriorative stage of alcoholism?
The late, or deteriorative stage, is best identified as the point at which the damage to the body from the toxic effects of alcohol is evident, and the alcoholic is suffering from a host of ailments. An alcoholic in the final stages may be destitute, extremely ill, mentally confused, and drinking almost constantly. The alcoholic in this stage is suffering from many physical and psychological problems due to the damage to vital organs. His or her immunity to infections is lowered, and the employee’s mental condition is very unstable. Some of the very serious medical conditions the alcoholic faces at this point include heart failure, fatty liver, hepatitis, cirrhosis of the liver, malnutrition, pancreatitis, respiratory infections, and brain damage, some of which is reversible.
How many people abuse alcohol?
Alcohol is the single most used and abused drug in America. According to the National Institute on Alcohol Abuse and Alcoholism (NIAAA), nearly 14 million Americans (1 in every 13 adults) abuse alcohol or are alcoholics. Several million more adults engage in risky drinking patterns that could lead to alcohol problems.
What to do if you don't feel comfortable talking to your employer about your rehabilitation plans?
If you still don't feel comfortable speaking to your employer about your rehabilitation plans, don't feel like you need to. Ask your manager for a leave of absence or use any accrued vacation time so you don't need to relay an explanation.
What to do before speaking to your employer?
Before you speak with your employer, look into your company's drug and alcohol policy. If your company doesn't have one, examine its health care policy. When you do decide to speak with your manager, honesty is always the best policy.
How long can you take unpaid leave for substance abuse?
The Family and Medical Leave Act provides employees with up to 12 weeks of unpaid, job-protected leave per year. FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain medical reasons. Using this time for recovery ensures that you will have a job once you return. Disclosing your rehabilitation plans to your employer will also help assure your job functions will be covered during your absence.
What percentage of people seek help for substance abuse?
Seeking help for your substance abuse is one of the most courageous decisions you can make. With only 6 percent of people with addiction problems seeking help, leaving to work on your sobriety is not only a step in the right direction, but a step toward understanding and peeling back the layers of hopelessness, trauma, rejection, self-hatred and much more.
Why do people not go to rehab?
With 76 percent of those who have a drug or alcohol addiction being employed, it's no wonder one of the most common reasons people give for not entering rehabilitation is they're afraid it will ruin their career .
