Understanding How the Family and Medical Leave Act Works for Rehab

Alcoholism is widely recognized as a medical condition.[2] With the provision of treatment, FMLA will support an employee’s request for leave to attend professional alcoholism rehabilitation. If the treatment meets FMLA criteria for a serious medical condition, the employee may be entitled to take leave.
FMLA leave for alcohol addiction may apply when:

• A healthcare provider recommends inpatient or outpatient treatment
• Ongoing counseling or medical supervision is required
• The condition affects the individual’s ability to perform job duties
  

The FMLA provides for rehabilitation, but not for the use of alcohol. Employers may impose discipline for violations of policies related to the use of alcohol, but they may not deny eligible employees protected leave for medically necessary treatment.

Drug abuse and FMLA are typically governed by the same rules. Whether you become dependent on prescription drugs or use illegal drugs, drug dependence is generally covered by FMLA when you have received a doctor’s orders for treatment.
Rehab FMLA coverage may apply to treatment for:

• Prescription drug misuse
• Illicit drug use
• Co-occurring substance use and mental health conditions
  

FMLA does not protect you from negative consequences if you abuse drugs while at work. It does, however, allow for your right to take time off to receive drug treatment. This distinction allows you to get help for your addiction without losing your job.

Both inpatient and outpatient rehab can qualify for FMLA leave. The type of leave that you can qualify for usually will depend on your level of care and your physician’s recommendations. In general, inpatient rehab qualifies as continuous FMLA leave. This type of rehab usually includes 24/7 monitoring within a residential facility, so you cannot work while being at an inpatient rehab facility.
Outpatient rehabilitation, such as intensive outpatient programs or partial hospitalizations, may qualify for either intermittent FMLA leave or reduced schedules to accommodate your treatment. Physicians play a large role in determining the most appropriate level of care and providing the medical documentation you need.

Under the FMLA, you can use up to 12 weeks of leave to attend rehab during a 12-month period.[3] Your 12 weeks can be taken at once or intermittently, depending on your needs.
FMLA leave for rehab may be used for:
Initial treatment at the inpatient level.
Continuing treatment at the outpatient level.
Any follow-up appointments for treatment that you receive.
If you require additional treatment after your initial leave, you may need to look for alternative means of leave, such as state leave laws or your employer’s specific leave policies.

Generally, employees do not need to disclose all personal medical information to an employer in order to take FMLA leave for rehab.

• Notifying the employer of the need for medical leave
• Submitting medical certification from a healthcare provider
• Working with human resources to coordinate leave details
  

Your employer will have the option of confirming that you actually require medical leave, but they cannot ask for additional information, such as your specific diagnosis. To have a smooth leave, try to request your time off as soon as you can. However, FMLA does allow for urgent or unexpected leave when treatment needs arise suddenly.