Your Career Does Not Have to Be the Cost of Your Recovery
For many professionals struggling with addiction, the biggest barrier to seeking help isn’t denial or fear of withdrawal—it is the fear of losing their job. In a competitive economy, the idea of disappearing for 30 days to attend residential treatment can feel like career suicide. You may worry about what to tell your boss, whether you will be fired, or how you will pay your bills.
Here is the truth: You have rights. Addiction is a recognized medical condition, and federal laws exist to protect your employment while you seek the care you need. As you look toward 2026, understanding the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) can empower you to prioritize your health without sacrificing your livelihood.
At Serenity at Summit, we specialize in treatment for professionals, and we help clients navigate these logistical hurdles every day.
What is the Family and Medical Leave Act (FMLA)?
The FMLA is a federal law that entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. Crucially, substance use disorder treatment is a qualifying medical reason.
What FMLA Provides:
- Up to 12 weeks of unpaid leave in a 12-month period.
- Job protection: You must be restored to your original or an equivalent job with equivalent pay, benefits, and other employment terms upon your return.
- Continuation of group health insurance coverage under the same terms and conditions as if you had not taken leave.
Are You Eligible for FMLA?
Not every employee is covered. To use FMLA for rehab in 2026, you generally must meet these criteria:
- You work for a covered employer (public agencies, public/private elementary and secondary schools, and companies with 50 or more employees).
- You have worked for your employer for at least 12 months.
- You have worked at least 1,250 hours over the past 12 months (roughly 24 hours a week).
- You work at a location where the company employs 50 or more employees within 75 miles.
If you meet these criteria, your employer cannot fire you for taking time off to attend a treatment program prescribed by a healthcare provider. However, they *can* fire you if you are using substances at work or if your performance has already led to termination proceedings before you requested leave.
The Americans with Disabilities Act (ADA)
Even if you don’t qualify for FMLA (e.g., smaller company, new employee), the ADA may offer protection. The ADA prohibits discrimination against individuals with disabilities, which includes those in recovery from alcoholism and those in recovery from drug addiction (who are not currently engaging in illegal drug use).
Under the ADA, you may be entitled to “reasonable accommodations,” which could include a modified schedule or a leave of absence to attend treatment. This is a complex area of law, but the core principle is that you cannot be fired solely for having a history of addiction or for seeking help.
How to Request Leave for Rehab
Navigating this conversation requires discretion and preparation.
- Consult HR First: In many companies, you can speak directly to the Human Resources department or an Employee Assistance Program (EAP) representative rather than your direct supervisor. HR is bound by confidentiality.
- Get Medical Certification: You will need a doctor or the treatment center to certify that you have a serious health condition that prevents you from performing your job. Serenity at Summit’s admissions team assists with this paperwork.
- Focus on “Medical Leave”: You do not necessarily need to disclose the specific nature of your treatment to your boss. You can state that you are taking FMLA for a “serious medical condition.”
For more on this, see our guide on how to send an employee to rehab.
Financial Concerns During Leave
FMLA is unpaid, which is a significant concern. However, you may be able to use:
- Accrued paid sick leave or vacation time.
- Short-term disability insurance (check your policy; many cover substance use treatment).
- State-specific paid family and medical leave programs (available in states like New Jersey and Massachusetts).
Our team can help you verify your insurance coverage to minimize the cost of treatment, relieving some of the financial pressure.
Your Job Can Wait. Your Life Cannot.
Jobs can be replaced. You cannot. Taking the time to heal now ensures that you will have a career in the future. Without treatment, addiction inevitably leads to job loss anyway.
Don’t let fear of the paperwork stop you. Serenity at Summit has helped thousands of professionals navigate FMLA and disability claims.
Contact us today. We will handle the logistics so you can handle your recovery.
References
- U.S. Department of Labor. (2023). Family and Medical Leave Act. https://www.dol.gov/agencies/whd/fmla
- U.S. Equal Employment Opportunity Commission. (2023). The Americans with Disabilities Act: A Primer for Small Business. https://www.eeoc.gov/laws/guidance/americans-disabilities-act-primer-small-business
- Substance Abuse and Mental Health Services Administration (SAMHSA). (2020). Substance Use Disorders Recovery with a Focus on Employment.
Frequently Asked Questions
If you are eligible for FMLA and follow the proper notice procedures, your job is protected by federal law. They cannot fire you for taking leave.
Generally, no. You must provide enough information to show the leave is FMLA-qualifying (e.g., “a serious health condition requiring inpatient care”), but you do not always have to specify addiction.
Many short-term disability policies do cover residential treatment for substance use disorders as a medical condition. Review your specific policy or ask your HR representative.
