Key Takeaways
- The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for medical treatment, including addiction rehabilitation.
- To qualify for FMLA, you must work for a covered employer with 50 or more employees, have worked there for at least 12 months, and have logged at least 1,250 hours in the past year.
- Your employer must maintain your group health insurance during FMLA leave on the same terms as if you were actively working.
- FMLA protects your right to return to your same or equivalent position after treatment, with certain exceptions for key employees.
- California provides additional protections through the California Family Rights Act, which mirrors FMLA but applies to employers with five or more employees.
FMLA and Addiction Treatment: Your Rights
The fear of losing your job is one of the most powerful barriers preventing people from seeking addiction treatment. Many employees believe that taking time off for rehab will result in termination, and this fear keeps them trapped in active addiction even as their work performance declines. The Family and Medical Leave Act was designed to address this problem by providing job-protected leave for serious health conditions, including substance use disorders.
Under the FMLA, eligible employees are entitled to up to 12 weeks of unpaid, job-protected leave in a 12-month period for the treatment of a serious health condition. Substance use disorders that meet the definition of a serious health condition qualify for FMLA protection. This means you can attend inpatient rehab, outpatient treatment, or a combination of both while knowing your job will be waiting for you when you return.
Understanding your FMLA rights before you need them allows you to plan for treatment with confidence. This guide explains who qualifies, how to request leave, what protections you receive, and how to ensure a smooth return to work after completing treatment.
FMLA Eligibility Requirements
Not all employees are eligible for FMLA leave. The law sets specific requirements for both the employer and the employee that must be met before FMLA protections apply. Understanding these requirements helps you determine whether you qualify and what alternative protections may be available if you do not.
Employer Requirements
FMLA applies to private employers with 50 or more employees within a 75-mile radius, all public agencies, and all public and private elementary and secondary schools. If your employer has fewer than 50 employees, federal FMLA does not apply, though California state law may provide alternative protections through the California Family Rights Act, which applies to employers with five or more employees.
If you are unsure whether your employer is covered, your human resources department or the U.S. Department of Labor can provide clarification. Even if your employer is not covered by FMLA, other legal protections such as the Americans with Disabilities Act may provide some degree of job protection when seeking addiction treatment.
Employee Requirements
To be eligible for FMLA leave, you must have worked for your employer for at least 12 months, though the months do not need to be consecutive. You must also have worked at least 1,250 hours during the 12-month period immediately preceding your leave. This translates to approximately 24 hours per week on average.
If you meet these eligibility requirements, you are entitled to FMLA leave for your own serious health condition, which includes substance use disorders that require inpatient care or continuing treatment by a healthcare provider. The leave is unpaid, but you may be able to use accrued paid leave, such as vacation or sick time, concurrently with FMLA leave.
Requesting FMLA Leave for Rehab
The process for requesting FMLA leave for addiction treatment involves providing your employer with notice and medical certification. While the process may feel intimidating, understanding the steps and your employer's obligations reduces anxiety and helps ensure your leave is properly designated.
When foreseeable, you should provide your employer with at least 30 days advance notice of your need for FMLA leave. If the need for treatment is not foreseeable, for instance if you are advised to enter treatment immediately, you should notify your employer as soon as practicable, typically within one or two business days. You do not need to specifically mention FMLA in your request; simply informing your employer that you need medical leave for treatment is sufficient.
Your employer may require medical certification from your healthcare provider confirming that you have a serious health condition requiring treatment. The certification form asks your provider to describe the condition, the expected duration of treatment, and whether the treatment requires inpatient care or a continuing treatment regimen. Your provider does not need to disclose the specific diagnosis, only that you have a qualifying serious health condition.
You are not required to disclose the specific nature of your health condition to your employer. Medical certification confirms you have a serious health condition requiring treatment without revealing whether it is for substance abuse, mental health, or any other medical issue.
Protections During FMLA Leave
FMLA provides several important protections while you are on leave for addiction treatment. These protections ensure that seeking medical care does not result in loss of employment, benefits, or career standing.
Job Protection
Your employer must restore you to the same position you held before your leave, or to an equivalent position with the same pay, benefits, and working conditions. An equivalent position must have substantially the same duties, responsibilities, and status. Your employer cannot use your absence as grounds for demotion, reassignment to an inferior position, or reduction in pay.
There is a limited exception for key employees, defined as salaried employees in the highest-paid 10 percent of the workforce. Employers may deny restoration to key employees if it would cause substantial and grievous economic injury to the business, but this exception is rarely invoked and requires the employer to notify you of key employee status when leave begins.
Health Insurance Continuation
Your employer must maintain your group health insurance coverage during FMLA leave on the same terms and conditions as if you were actively working. This means your employer continues to pay its share of insurance premiums, and you remain responsible for your share. This protection is critical because it ensures your insurance coverage remains in place to cover the cost of your addiction treatment.
If you are unable to pay your share of insurance premiums during leave, your employer cannot cancel your coverage immediately. Your employer must provide at least 15 days notice before canceling coverage for nonpayment of premiums. Upon return from leave, your coverage must be reinstated without waiting periods or new eligibility requirements.
California Family Rights Act: Additional Protections
California residents benefit from additional job-protection provisions under the California Family Rights Act, which mirrors FMLA but applies to smaller employers. The CFRA applies to employers with five or more employees, significantly expanding the number of workers who qualify for job-protected leave compared to federal FMLA, which requires 50 employees.
The CFRA provides the same 12 weeks of unpaid, job-protected leave for serious health conditions including addiction treatment. Eligibility requirements are similar to FMLA: you must have worked for the employer for at least 12 months and have logged at least 1,250 hours in the past year. California state disability insurance may also provide partial wage replacement during your leave, helping to offset the financial impact of unpaid time off.
These California-specific protections ensure that workers in Orange County and throughout Southern California have broader access to job-protected leave for addiction treatment than the federal minimum. Trust SoCal's admissions team can help you understand how FMLA, CFRA, and insurance benefits work together to support your recovery. Contact us at (949) 280-8360.
Returning to Work After Treatment
Planning your return to work is an important part of the recovery process. A smooth transition back to the workplace supports ongoing recovery by restoring routine, financial stability, and a sense of purpose. Several strategies can help you navigate this transition successfully.
Before returning, work with your treatment team to develop a continuing care plan that accommodates your work schedule. This may include outpatient therapy sessions, support group meetings, medication management appointments, and other recovery activities. Having a structured aftercare plan in place before your first day back provides a framework for maintaining sobriety while reintegrating into your professional role.
Consider whether workplace accommodations might support your recovery. Under the ADA, employers are required to provide reasonable accommodations for employees with disabilities, including substance use disorders in recovery. Examples of reasonable accommodations include a modified schedule to attend outpatient treatment, time off for support group meetings, or a temporary reduction in travel or overtime. Trust SoCal's aftercare planning process includes preparing you for a successful return to work.
Kristin Stevens, LCSW
Licensed Clinical Social Worker
