If you’re struggling with addiction and wondering how you can take time off work to get help—without risking your job—this guide is for you. Many people hesitate to seek treatment because they fear losing their income or employment. But here’s the good news: The Family and Medical Leave Act (FMLA) can support you during this critical time.
In this blog, we’ll walk you through how FMLA for Drug Rehab works, what your rights are, and how to take that brave first step toward recovery with confidence.
What Is FMLA and How Does It Work?
The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take up to 12 weeks of unpaid leave per year for certain medical or family-related reasons—including treatment for substance abuse.
That’s right: FMLA for addiction treatment is recognized under the law as a legitimate medical need. This means you can take time off to enter a rehab facility for drug or alcohol treatment without fearing job loss.
Can You Use FMLA to Go to Rehab?
Absolutely. Whether you’re dealing with a drug addiction, alcohol dependency, or both, FMLA for rehab is an option if you meet certain requirements.
You may qualify for FMLA if:
If you meet those three basic criteria, you’re likely eligible to use FMLA to go to rehab.
What Types of Rehab Are Covered by FMLA?
FMLA protects time off for medically necessary treatment. That includes:
Inpatient Drug Rehab Programs
If you need to stay overnight or for several weeks in a licensed treatment facility, FMLA for drug and alcohol rehab covers this type of treatment.
Outpatient Treatment
Weekly or bi-weekly outpatient sessions with licensed professionals also qualify, as long as the treatment is considered medically necessary by a healthcare provider.
Alcohol Rehab
Yes, FMLA for alcohol rehab is also included under the same protections as drug treatment. The key is that your condition must be treated by or under the supervision of a healthcare professional.
Does FMLA Cover Mental Health and Co-Occurring Disorders?
Yes. Many people with substance use disorders also suffer from anxiety, depression, or PTSD. FMLA can be used for co-occurring mental health issues if they’re being treated alongside your addiction in a professional setting.
So if you’re looking for FMLA for addiction treatment and also need help with your mental health, you’re still protected.
How to Request FMLA for Drug Rehab
Let’s break down how to take the steps to apply for FMLA for going to rehab:
Step 1: Talk to Your Healthcare Provider
Your doctor, therapist, or addiction counselor can confirm that treatment is medically necessary. This documentation will be key in your FMLA request.
Step 2: Notify Your Employer
You’ll need to give at least 30 days’ notice, if possible. If it’s an emergency or unplanned admission to rehab, notify them as soon as you can.
Step 3: Fill Out FMLA Paperwork
Most employers have standard FMLA forms. You’ll need your healthcare provider to complete parts of the paperwork verifying your need for treatment.
Step 4: Keep Communication Professional and Private
You’re not required to share details of your condition. Just stating that you’re receiving medical treatment under FMLA is enough. Your employer must keep this information confidential.
Will You Get Paid While on FMLA Leave?
FMLA provides unpaid leave, so you won’t receive a paycheck while you’re off. However, you can use your accrued paid time off (PTO), sick days, or apply for short-term disability insurance if available.
Can Your Employer Deny FMLA for Rehab?
Only if you don’t meet eligibility requirements (like not working the required hours or being at a small business). Otherwise, if you’re eligible and have the documentation, your employer cannot deny your FMLA request for drug rehab.
If you believe your rights were violated, you can contact the U.S. Department of Labor or speak to an employment attorney.
FMLA and Job Protection: What You Need to Know
This is a big one. While you’re on FMLA for rehab, your employer is legally required to hold your job (or a similar one) until you return.
That means:
FMLA to Go to Rehab in New Jersey
If you’re in New Jersey, you’re covered by both federal FMLA and state-specific laws. The New Jersey Family Leave Act (NJFLA) provides additional rights, especially when it comes to caring for a family member.
However, when it comes to taking personal leave for drug treatment, the federal FMLA is what applies. Make sure to check with your HR department or legal advisor for guidance specific to your situation.
Why Seeking Help Is Worth It
It’s easy to feel overwhelmed or ashamed when dealing with addiction. But let’s be real: you’re not alone. And more importantly, you’re not weak for asking for help—you’re incredibly strong.
Using FMLA for drug rehab means you’re taking care of your health, your future, and your loved ones. And that matters more than anything.
Don’t let fear of job loss keep you from getting better. The law is on your side—and there’s a path to healing that starts with this first brave step.
Final Thoughts: You Deserve Recovery
If you or someone you love is battling addiction, taking time off work is not a setback—it’s a lifesaving decision. Thanks to the Family and Medical Leave Act, you can begin your journey toward recovery with peace of mind.
Whether you’re looking for FMLA for addiction treatment, alcohol rehab, or FMLA to go to rehab in New Jersey, your health and future come first.
So take that first step. You’ve got options. You’ve got rights. And most importantly—you’ve got this.
