Can You Be Fired Without an Offer of Drug Rehab? What Employees Should Know

Struggling with substance use disorder is stressful enough. Adding the threat of termination only adds to the feelings of hopelessness so common in addiction. You may have heard that certain substance use disorders are protected under the Americans with Disabilities Act. So, does an employer have to offer drug rehab before termination?

The answer is complex and depends on various factors, including state laws, federal laws, and company policies. Read on to learn more about how substance abuse issues and going to rehab can affect your employment. 

• Does an Employer Have To Offer Drug Rehab Before Termination? What the Law Actually Says
• What To Do if You’re Worried About Losing Your Job
• Commonly Asked Questions About Drug Rehab and Workplace Termination
• You Shouldn’t Have To Choose Between Your Job and Your Health — Find Support at Robin Recovery

No, your employer is not legally required to offer you rehab before termination. 

There are cases where employers choose to offer a “last-chance agreement” to valuable employees who attend rehab voluntarily. This is based on company policy, not a legal requirement. 

The Federal Law and Americans with Disabilities Act (ADA) do give some protections for substance-use disorder as a disability while the person is in recovery. This is to prevent discrimination against people who have struggled with substance use in the past, and to protect people in recovery against employee discrimination for past substance use. 

However, the ADA does not protect people in active addiction or currently using illegal drugs from termination or refusal to hire. 

The Family and Medical Leave Act (FMLA) may offer some protections for people temporarily leaving employment for substance use disorder treatment, but only under certain conditions. These include inpatient care and continuing treatment. Coverage by the FMLA also depends on the employer’s size and employee eligibility. 

In short, the Federal Law does offer some protections to those with substance use disorder as a disability, but does not require that employers offer rehab before employee termination due to substance use. 

Ohio Laws Regarding Workplace Drug Use and Termination

Ohio is an at-will employment state, which means that employers have the right to terminate employment for any reason. This includes a failed drug test, workplace drug use, or other issues caused by substance use disorder (such as missing shifts, showing up late, etc.). 

However, employers may be required to offer reasonable accommodations to employees suffering from substance-use disorder, which generally means time off for treatment. 

This is on a case-by-case basis and usually applies when the employee in question has approached their employer asking for time off for treatment before the substance use affects performance in the workplace. 

If you are worried about losing your job due to substance use disorder, the best thing to do is form a proactive plan. Here are some steps to help you navigate potential job loss due to SUD:

• Start by addressing your substance use disorder with your employer before you risk being terminated. 
• If your place of employment has an HR department, contact them and ask about options for time off for substance use disorder treatment. They may have company policies about time off for rehab. 
• Follow through and attend a certified substance use disorder treatment program. For some programs, like outpatient at Robin Recovery, your treatment can be scheduled around your working hours. 

How Seeking Treatment Can Work in Your Favor

Identifying your substance use disorder and taking steps to get better with a treatment program like Robin Recovery in Ohio is impressive to everyone. 

By being proactive with your treatment and getting help before things escalate, you not only show your workplace that you care about your job, but you also impress upon them your indomitable nature by getting help when you need it. If you get medical leave from your company, your rehab may be covered by the company’s health insurance. 

This is a win-win for everyone involved, and no doubt other people in your life will be inspired by your commitment to your health and well-being. You may even influence other people to get sober. 

Some programs, like the outpatient program at Robin Recovery, can work around your employment hours, allowing you to still work and giving you the best of both worlds. Everyone in your life will admire your commitment! 

How Robin Recovery Can Help

Robin Recovery is more than just a substance use rehab. We offer real sobriety solutions to working people, including:

• Counseling and therapy to help you get to the root of your substance use disorder.
• Outpatient programs that can be scheduled around your working hours.
• Sober living meetings and a community to support your sobriety journey. 

Are you sick and tired of being sick and tired? Ready to be free from the cycle of substance use? Reach out to Robin Recovery to learn how you can get on the path to a better, sober tomorrow. 

Can You Get Fired From a Job for Going to Rehab?

Yes and no. 

The ADA protects individuals from being fired for seeking addiction treatment. In addition, the Family and Medical Leave Act also provides some protection for people seeking treatment for alcohol use disorder or substance use disorder. 

However, there are exceptions. The FMLA may not cover you if:

• The workplace employs fewer than 50 people.
• The person taking leave has been employed for less than a year and/or has worked less than 100 hours a month. 

Can My Employer Make Me Go to Rehab?

No, your employer cannot force you to go to rehab. 

However, if you are in an at-will employment state, your employer can terminate you for any reason that does not qualify as illegal discrimination. Some employers offer “last-chance” agreements that state the employee can remain on if they attend rehab, but these are voluntary agreements.

Can You Get Unemployment if You Go to Rehab?

If you are on leave from your employer for rehab through the FMLA, then you are technically still employed and not eligible for unemployment benefits. However, if you are unemployed through no fault of your own and going to rehab, you may still be eligible for benefits. Some programs, like Robin Recovery, even offer outpatient services that allow you to work and apply to jobs while still attending rehab. 

What Should I Do if I Think My Legal Rights Regarding Employment and Drug Rehab Have Been Violated?

If you suspect that your employer has violated your rights regarding rehab and employment, it's time to seek counsel. State and federal laws surrounding this issue are complex, and only a licensed legal professional can tell you if you have a case or not. 

What is important is that you take care of yourself, get your Alcohol Use Disorder or Substance Use Disorder under control, and get your life back on track with a qualified treatment center like Robin Recovery. 

Substance use disorder is extremely difficult, and stressing about losing your job only makes it worse. If that sounds familiar, then it is time to put down your worries and seek treatment for substance use disorder at a qualified Columbus, OH, treatment center like Robin Recovery. 

From therapeutic counseling to inpatient and outpatient programs, Robin Recovery has everything you need to start your sobriety journey. We also understand that treatment doesn’t end when you walk out those doors, so we offer sober living meetings and a community that can support you throughout the process. Don’t suffer with substance use disorder any longer — reach out for help today. 

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