Termination Policies and Drug Rehab: Employer and Employee Rights in the Workplace

Addiction can feel like an overwhelming and impossible obstacle, robbing individuals and their loved ones of joy, peace, and purpose.

The road to recovery is challenging and may be even more difficult and daunting if there is a potential threat of job loss.

As you consider a rehabilitation journey for either yourself or a loved one, the inevitable question will arise — can you lose your job for going to rehab? It’s a valid question, especially during such a stressful time. Ensuring an employee does not get fired for seeking treatment can be a key concern.

Treatment is of utmost importance and a price should not be set on health and mental well-being. But what are the rights of both the employee and their employer for someone seeking addiction treatment? Read on to understand the rights of both parties related to substance abuse in the workplace.

Table of Contents

• Does an Employer Have To Offer Drug Rehab Before Termination?
• Is Addiction Protected Under the ADA?
• Can You Fire an Employee for Addiction?
• What Is the Substance Abuse Policy in the Workplace?
• What Is an Employee Substance Abuse Agreement?
• Dove Recovery Offers Inpatient and Outpatient Program Options for Drug Rehabilitation

The short and simple answer is: No.

“The ADA does not require an employer to provide an (alcohol/substance) rehabilitation program or to offer rehabilitation in lieu of disciplining an employee for (alcohol/substance-related) misconduct or performance problems.”

The expectation would be for an employer to provide “reasonable accommodations” to an employee in active treatment.

For example, an employee seeking treatment for their history of illegal drug use is attending a group therapy session that occurs within work hours. An employer may grant them modified work hours on that day of the week to accommodate their treatment schedule.

Ultimately, the employer is not legally bound to offer rehabilitation if the employee proves they are not able to complete expected work duties or have been under the influence of substances within working hours.

Commonly Asked Questions About Employers and Drug Rehab

The Americans with Disabilities Act (ADA) provides some protection to those suffering from addiction.

The ADA categorizes substance or alcohol abuse disorders as disabilities and prohibits discrimination against them.

While addiction itself isn’t a disability, impairment caused by alcoholism or substance abuse can be classed as a disability. For example, if drug or alcohol abuse causes a mental health impairment or results in organ failure, a disability may be diagnosed. This protection extends to employment environments, public and health services.

Addictions considered disabilities include:

• Substance or alcohol abuse disorders (SUD) and health conditions that have been diagnosed by a practicing, licensed physician
  
  • Illegal drugs
  • Alcohol
  • Opioid
• Mental health conditions such as depression or anxiety related to SUDs
• Physical impairments related to SUDs that have been diagnosed by a medical provider

Is Addiction Protected Under the FMLA?

The Family and Medical Leave Act (FMLA) makes provisions for leaves of absence from jobs for employees to care for loved ones or to seek healthcare or rehabilitation for themselves.

FMLA may only be taken for the treatment of substance abuse disorders — not for absences related to the use of substances.

An employee may be fired from their job if the use of alcohol, drugs, or other substances impairs their ability to perform the expected duties of the job for which they were hired.

However, employers cannot fire an employee due to their history of current status as an addict or alcoholic - if they remain within compliance with company policies such as drug testing and can maintain their job responsibilities.

For example, If an individual who has a substance abuse disorder often is late to work or is unable to perform the responsibilities of their job, an employer can take disciplinary action based on poor job performance and conduct.

An employer may not discipline an employee with a substance abuse disorder more severely than it does other employees for the same performance or conduct.

Can an Employer Force You To Attend Rehab? 

Employers are advised not to dictate any specific medical or rehabilitation treatment under the Americans with Disabilities Act (ADA).

If employees are not considered a danger to themselves or others while on the job and are compliant with job responsibilities and policies, they are not obligated to discuss personal matters such as physical or mental health needs with their employers.

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

If individuals are currently using drugs or alcohol and are unable to perform their job duties, employers are well within their legal rights to terminate employees.

However, if employees are seeking treatment in a rehabilitation center such as Dove Recovery, there are ways to attend that may be protected by laws.

The Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) may both provide job protection and prevent employees from ultimately being fired for going to rehab for substance use disorder or alcohol use disorder.

Companies generally have substance abuse policies in place, which are provided to employees upon hire. These policies outline the expectations and potential consequences if the employee regarding the use of drugs and alcohol.

Employees can expect negative consequences if they use drugs or alcohol on the job, or are found to be under the influence of either while on work time.

Substance abuse policies in the workplace provide details about drug testing procedures and disciplinary actions. Generally, the documents also provide information about employee assistance programs and support for rehabilitation.

The policies are in place to maintain safe working conditions for individuals along with their fellow employees — free from substances.

An employer may choose — but is not required by the ADA — to offer a “firm choice” or “last chance agreement” to an employee who otherwise could be terminated for poor or negligent performance or misconduct that results from alcoholism or drug addiction.

Under a “firm choice” or “last chance agreement” an employer agrees not to terminate the employee in exchange for the employee’s agreement to receive substance abuse treatment, refrain from further use of alcohol or drugs, and avoid further workplace problems.

A violation of such an agreement usually warrants termination because the employee failed to meet the conditions for continued employment.

Dove Recovery is ready to come alongside you or your loved one for addiction treatment and rehabilitation.

At Dove Recovery, each of the programs is tailored to each person’s specific needs to create an environment conducive to healing.

There are a variety of treatment options including:

• Ambulatory detox and withdrawal management
• Outpatient programs
• Counseling and therapy
• Partial hospitalization program
• Intensive outpatient program

Our care team is dedicated to compassionate, evidence-based care and understands how complex substance abuse disorders can be.

Your treatment plan will be developed based on your individual needs. We walk alongside you to help you overcome addiction, learn coping strategies, and prevent relapses.

Contact us today to begin your journey and addiction treatment in Columbus, Ohio.