Does FMLA Cover Alcohol Rehab?
If you or someone in your family is looking for help with drug and alcohol rehab, you might need to take time off work to get that help. But taking time off work can be a frightening prospect if you aren’t sure whether your job will be waiting for you or if there are days off you can use. So, does FMLA cover alcohol rehab?
The Family and Medical Leave Act
The Family Medical Leave Act is a federal law that gives Americans access to healthcare and healthcare-related support during a time of crisis. It was passed in 1993 and applies to major life events for an employee’s family, including:
- The birth of a new baby
- Transiting with a foster or adopted child
- Caring for an ill immediate family member
- Caring for self or family with a serious illness
Addiction, or alcoholism, is considered a serious illness that those who are struggling with can get up to twelve weeks of unpaid medical leave specifically for access to treatment.
Does FMLA Cover Alcohol Rehab?
Yes, under certain circumstances it can.
According to the Code of Federal Regulations, updated in 2010, section § 825.119, substance abuse can be considered a serious health condition provided it meets certain requirements.
What Qualifies as a Serious Health Condition?
In order to meet the qualifications, the health condition you have must be so severe that it prevents you from performing your essential duties, something that requires ongoing professional treatment or inpatient care, and this can be a wide range of mental health conditions and physical health conditions including the following:
- Alcoholism
- Addiction
- PTSD
- Alzheimer’s diseases
- Severe depression
- Schizophrenia
- Diabetes
- Nervous system disorders
- Cancer
- Pregnancy
If you opt to use your 12 weeks of unpaid leave, healthcare providers are not allowed to share that information with anyone else outside of whom you approve. This means that you can keep your treatment confidential.
What Qualifies as Care?
If those requirements are met, then FMLA leave can be taken, but only for official treatment for substance abuse provided by your healthcare provider or a qualified treatment center to which you are referred by your healthcare provider.
Under the FMLA, treatment for substance abuse does not stop your employer from taking employment action against you. That action cannot be due to the fact that you have exercised your rights under FMLA, however, it can be something akin to the fact that taking FMLA to seek care violated a previously agreed upon no-drug policy in the company.
For example:
When Mark started his new job as a teacher at a religious school, his boss sent a form around the office for everyone to sign. That form said that they would not consume alcohol or drugs or work while impaired and, if found doing so, would be punished. When Mark struggled with addiction to alcohol, he used his FMLA leave to take the time he needed for treatment.
Once he was done with his initial treatment, Mark’s boss called him into the office to chat about the disciplinary measures that Mark would face for violating the policy.
So what about families who need to support someone like Mark while they get help for alcoholism?
Does FMLA Cover Alcohol Rehab for Families?
Employees, under the same regulations, can use FMLA leave to care for a covered family member who is currently undergoing substance abuse or alcohol treatment. No employer can take any action against employees who are providing care for a covered family member in alcohol rehab.
Getting Treatment with Ritual Recovery
If you are looking for substance abuse treatment in North Carolina, you want to ensure you have the right coverage.
In order to utilize your FMLA time for alcoholism or a co-occurring alcohol and mental health disorder, you have to start by going to your doctor to get an official diagnosis and a referral to find the right treatment center in your area.
From there, you can review what type of benefits can be applied to the cost of your treatment as provided by your insurance. It is important to remember that using your FMLA benefits simply gives you unpaid time off without the consequence of being terminated for seeking help, but it doesn’t pay you during that time, nor does it cover the cost of alcohol rehab.
When you reach out to our treatment center, our team can discuss the potential costs of your alcohol rehab, review the benefits from your health insurance that can be applied to the cost, and help you find ways to cover the remaining balance.
Overall, the Family and Medical Leave Act does cover up to twelve weeks off for alcohol rehab, provided you get a referral from your healthcare provider and seek professional treatment during that time. It can also be used by a family member who is supporting an immediate family member in their treatment.
Contact Ritual Recovery today to learn more about applying your FMLA benefits to our care.
