Can You Get Fired for Going to Rehab?

Andrew McKenna - Expert Content Editor

Content Reviewed By:

Andrew McKenna - JD

SUD treatment executive, national news contributor & keynote speaker.

Updated: 01-03-2025

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Protections Under the Americans with Disabilities Act (ADA)

It’s becoming increasingly difficult for your employer to fire you if you go to rehab, but it’s still possible. The Americans with Disability Act provides protections for those with a history of substance abuse who are now sober but doesn’t offer protections for those who are currently engaged in substance abuse, particularly when it affects their work performance or safety on the job.

Your Employee Rights Under the Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of job-protected leave within a 12-month period for qualifying family or medical reasons. This leave is enforced by the U.S. Department of Labor’s Wage and Hour Division (WHD). Key benefits include job protection, continued health coverage, and the ability to return to the same or an equivalent job after the leave.

Eligible reasons for FMLA leave include childbirth, adoption, serious health conditions (yours or a family member’s), and certain military-related needs. Additional provisions allow up to 26 weeks of leave for caring for a servicemember with a serious illness or injury. While FMLA leave is unpaid, employers may require or allow the use of paid leave concurrently.

Employers are responsible for ensuring employees are informed of their FMLA rights, eligibility, and responsibilities. Employees must follow employer policies for requesting leave, provide appropriate notice, and, if required, submit medical certifications.

To learn more or report potential violations of FMLA rights, visit dol.gov/fmla or contact the Wage and Hour Division.

The Growing Support for Employee Recovery

Many organizations are recognizing the pervasiveness of addiction and offering rehab for affected employees as a means of investing in their staff’s health and well-being. Many companies also have what are called employee-assistance programs (EAP) that actively encourage employees to enter rehab and assist them in their pursuit of recovery.

The Link Between Addiction and Employment

Addiction affects millions of Americans, and a majority of them are gainfully employed. The professional life and career are often the first casualty of substance abuse because they become untenable once addiction takes hold.

The Prevalence of Addiction in the Workforce

Data from the Substance Abuse and Mental Health Services Administration’s National Survey on Drug Use and Health indicates that over 60 percent of Americans who are battling substance abuse are currently employed. This means that HR departments and company leadership are, and should, be doing all they can to ensure their workforce gets the help they need when addiction, all but inevitably, impacts their ranks.

How Do I Talk to My Employer about Rehab?

Talking to your employer about rehab is, admittedly, one of the highest-risk conversations you can have. You’re essentially revealing that you have lost control of your substance use, and you need help to get it back. It’s important to realize, however, that addiction has a way of revealing this fact all on its own, and it’s better to be upfront and forthright about what you’re experiencing.

Here are some things to consider when talking to your employer about rehab:

  • Be honest about what you’re experiencing. You don’t have to reveal every detail, but let them know you’re getting help.
  • Acknowledge that addiction has affected or is in danger of affecting your job. Stress that you want to get help to be the best employee possible and regain control of your career.
  • Research your company’s HR policies and speak with someone from your organization about your options.
  • Provide your employer with a definitive timeline of how long you will be in rehab and, if applicable, how much time you will need off.

It’s important to realize that the need to go to rehab may, in some companies and lines of work, result in termination. In a world where personnel needs and the replaceability of certain jobs fluctuate, this is an unfortunate reality. It’s usually only a matter of time, however, before your company finds out about your substance abuse if it goes untreated. It’s also possible, however, that your employer will understand and make the appropriate accommodations to help you in your recovery. Invest in your career, your health, and yourself by getting the help you need for alcohol or drug addiction.

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