If you’re considering entering a rehab program but are worried about losing your job, the Family and Medical Leave Act (FMLA) may offer a path forward. Knowing how to use FMLA correctly can help protect your position while you get the care you need. Below is a breakdown of how FMLA works for those seeking help for substance use — and how you can use FMLA leave for substance abuse treatment or drug and alcohol rehab in California.
What is FMLA and Who Qualifies?
The Family and Medical Leave Act is a federal law that provides eligible employees with the right to take job protected leave when facing serious health issues — including mental health, physical illness, or conditions requiring extended care. To qualify, you generally must:
Work for a covered employer
Have worked at least 12 months (not necessarily consecutive)
Have worked at least 1,250 hours in the prior 12 months
Work at a location where at least 50 employees are within 75 miles
If these conditions are met, you are one of the eligible employees who can use family and medical leave without fear of being fired, assuming proper notification and documentation.
Is Addiction or Substance Use Covered Under FMLA?
Yes — under certain circumstances. If substance use has reached the level where it qualifies as a serious health condition, meaning it requires ongoing treatment, inpatient care, or substantially limits major life activities, then FMLA may apply.
This means that employees seeking addiction treatment or substance abuse treatment — including alcohol rehab — may be eligible for FMLA leave. The law recognizes not only physical illnesses but also mental health conditions as valid health conditions deserving of protection.
When you request leave under FMLA for addiction treatment, you’ll typically need certification from a healthcare provider that documents the condition and the expected treatment plan (inpatient or outpatient).
How to Use FMLA to Enter Rehab — Step by Step
Recognize you need help — Acknowledging that your substance use requires professional substance abuse treatment or drug and alcohol rehab is the first step.
Check eligibility — Confirm you meet the FMLA criteria (12 months of employment, hours worked, employer size, etc.).
Consult a healthcare provider — Get a diagnosis or recommendation that qualifies your condition as a serious health condition or a mental health condition needing treatment.
Submit a formal leave request — Use your employer’s FMLA request forms, indicating that you need “treatment for a serious health condition.”
Provide required documentation — The documentation should come from a licensed healthcare provider and include expected duration and whether inpatient care is required.
Use your leave for rehab — Enter inpatient care or outpatient treatment, attend therapy, counseling, detox or other aspects of substance abuse treatment.
Return to work when cleared — Once treatment or detox is completed and you are medically cleared, you should be able to return without losing your job — because FMLA provides job protected leave.
Why California Employees Should Know This
Although FMLA is federal law, California workers may also benefit from additional protections under state law — such as the California Family Rights Act (CFRA) — which often mirrors or extends FMLA protections. That gives employees in California more layers of protection when seeking addiction treatment or alcohol rehab.
Using FMLA while in California means you have a lawful option to take time off for rehab without risking termination — assuming you follow the steps and meet eligibility criteria.
Common Concerns and How to Handle Them
“Will my employer fire me if I ask for leave?” — If you meet eligibility requirements and properly request leave under FMLA, your job should be protected, even if you are going into inpatient care for substance abuse treatment.
“Do I have to say I’m seeking addiction treatment?” — You don’t have to specify “addiction.” You may request leave for a serious health condition or mental health condition; documentation from a healthcare provider is required, but the protected leave does not need more detail than that.
“Will I lose benefits?” — Under FMLA, your employer must maintain your health coverage under the same terms as if you were working. That means you can keep insurance while in rehab.
“What if I relapse or need more time?” — FMLA entitles you to up to 12 workweeks per 12-month period. If treatment requires more time or additional leave, you can explore other leave options, company policies, or state protections.
How Altitude Recovery Can Help
At Altitude Recovery Community, a luxury treatment center in Camarillo, CA, we specialize in supporting people who are using the protections of the Family and Medical Leave Act to seek substance abuse treatment, drug and alcohol rehab, alcohol rehab, or other mental health care.
We understand the fear — losing your job, your income, or your place in the world. That’s why we offer private, evidence-based treatment in a compassionate environment designed for healing.
We also support clients and families through the logistics:
Helping you prepare for conversations with a healthcare provider so the documentation qualifies as a serious health condition
Providing clarity on what to expect during inpatient care or outpatient rehab
Assisting with discharge planning and return-to-work preparation, so your progress carries forward into your life and career
If you’re reading this and thinking about seeking help, you can — and deserve to — take that step.
Final Thoughts
Using FMLA correctly can give you the time and protection you need to get healthy without sacrificing your job. When substance use becomes a burden on your health, reaching out for treatment under FMLA is not only legal — it’s a practical, responsible choice.
If you’re ready to take that step, you don’t have to go it alone. Altitude Recovery is here to support you — and to help you reclaim your health, your life, and your future.
FAQs
How does the Family Medical Leave Act protect my job if I seek rehab?
The Family Medical Leave Act allows eligible employees to take up to 12 weeks of unpaid leave for medical reasons, including treatment for substance use disorder, without losing his or her job as long as proper notice and documentation are provided.
Can someone use FMLA for rehab if they struggle with alcohol addiction or drug abuse?
Yes. FMLA for rehab applies when alcohol addiction or drug abuse is considered a serious health condition that requires continuing treatment through outpatient care or inpatient treatment at approved treatment centers.
Will my health insurance continue while I’m on leave for addiction treatment?
Generally yes. Under FMLA, health insurance portability rules require employers to maintain healthcare coverage under the same terms while you are on protected leave.
Do I have to reveal that I’m seeking treatment for substance use?
You do not need to disclose specific details like mental illness or substance use disorder to your employer. You only need documentation from a healthcare provider indicating the need for seeking treatment for a qualifying serious health condition.
Can poor job performance due to addiction affect whether I qualify for FMLA?
If job performance is declining due to addiction, proactively requesting leave for treatment can protect your employment. Waiting until disciplinary action occurs may limit available options.
Does the Americans with Disabilities Act protect people in recovery?
Yes. Under the Disabilities Act, individuals who are in recovery from substance use disorder and are continuing treatment, or who have completed treatment, may be protected from discrimination in the workplace.
Is FMLA different in California compared to places like New Jersey?
Yes, some states offer additional protections. For example, the Jersey Family Leave Act expands certain rights for workers in New Jersey. California also has state-level family and medical leave laws that may reinforce or extend federal protections.
Can I use FMLA for mental illness that contributes to addiction?
Yes. Behavioral health conditions — like mental illness, anxiety, trauma, or depression — can qualify as a serious health condition, especially when they contribute to seeking addiction treatment.
Do all employees qualify for job-protected treatment leave?
Not all. You must meet eligibility requirements, including time worked and hours completed in the past year. If eligible, the FMLA requires your position — or an equivalent role — to be restored when you return from your recovery journey.
What do FMLA regulations say about taking time off for rehab?
FMLA regulations state that employees can request job-protected leave when enrolling in treatment for substance abuse under the care of a licensed medical professional. This protection applies as long as the employee follows employer notice requirements and the treatment is part of a recognized treatment program.
Will I lose my health benefits if I take FMLA leave for addiction treatment?
No. Under FMLA, your employer must maintain your health benefits during approved medical leave under the same terms you had while actively working, which is crucial when accessing ongoing care.
Does the treatment program need to meet specific criteria to qualify for FMLA?
Yes. The treatment program must involve a licensed provider or facility, and it must address a medically recognized treatment for substance abuse need. Casual attendance at support groups alone does not qualify.
Can FMLA protect my job if my employer discovers I’m entering rehab?
If you apply appropriately under FMLA regulations before discipline occurs, your job is typically protected. Employers cannot retaliate against workers taking legitimate leave for medical treatment for substance abuse.
