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Navigating FMLA: Taking Leave for Substance Abuse Treatment

FMLA

If you or a family member are struggling with substance abuse or drug or alcohol abuse, the thought of stepping away from work can feel overwhelming—especially when your job and financial security are on the line. But here’s the good news: the Family and Medical Leave Act (FMLA) was created to protect people just like you, offering job protected leave so you can focus on your health without risking your career.

At Ocean Ridge Recovery, we regularly work with clients who are presently taking FMLA leave or are considering it to begin addiction treatment. If you’re unsure about your rights, how to get started, or whether your health condition qualifies, this guide is here to help you understand your options and take the next step with confidence.

FMLA Family Medical Leave Act

What Is FMLA, and How Can It Help?

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid, job protected leave per year for certain serious health conditions, including those related to substance abuse and mental health.

The Medical Leave Act, or FMLA, allows you to take time off to receive addiction treatment or care for a family member dealing with a qualifying health condition. It ensures your job is protected during your leave, and that you can return to the same or an equivalent position once your leave is complete.

Does Substance Abuse Qualify as a Serious Health Condition Under FMLA?

Yes. Under the FMLA, substance abuse is considered a serious health condition—but only when treatment is provided by or referred through a healthcare provider.

This means you can use FMLA leave to enter a rehab program, attend therapy, or participate in outpatient treatment, as long as it’s part of a plan overseen by a qualified healthcare provider. However, absences due only to active drug and alcohol use—without seeking treatment—do not qualify.

Am I Eligible to Take FMLA Leave?

The FMLA entitles eligible employees who:

  • Have worked for a covered employer for at least 12 months
  • Have logged at least 1,250 hours in the past 12 months
  • Work at a location with 50 or more employees within 75 miles

If you meet these criteria, you’re eligible to request family and medical leave to address a serious health condition related to addiction treatment or drug or alcohol abuse.

Can I Use FMLA for a Family Member’s Treatment?

Yes. FMLA leave can also be used to care for a family member—such as a spouse, child, or parent—who is undergoing addiction treatment for a serious health condition. This provision is especially helpful if you’re the support system for someone in need of substance abuse care and need time to help them through their journey.

How Ocean Ridge Recovery Supports FMLA Leave

At Ocean Ridge Recovery, we understand that asking for help isn’t easy—and neither is navigating paperwork and policies while dealing with a health condition. That’s why our team is here to help guide you through the process of using the medical leave act to enter addiction treatment.

We provide:

  • Documentation from licensed healthcare providers
  • Assistance with coordinating FMLA leave
  • Guidance on maintaining job protected leave and returning to work
  • Support for employers and covered employers working with HR departments

Whether you’re seeking help for yourself or a family member, we’ll make sure you get the support and protection you need to focus on what matters most—your recovery.

Drug Abuse Rehab

Take the First Step Toward Healing

If FMLA leave is the only thing standing between you and the treatment you need, it’s time to take action. You don’t have to choose between your health and your job—you’re entitled to both.

Let Ocean Ridge Recovery help you navigate the family and medical leave process so you can step into addiction treatment with peace of mind and the confidence that your future is protected.

Reach out today for a confidential consultation and let us help you get started on the road to recovery.

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Frequently Asked Questions

Can I take FMLA if I’m currently struggling with drug abuse?

Yes. If you are receiving care from or referred to treatment by a licensed healthcare provider, drug abuse qualifies as a serious health condition under FMLA regulations. This means you can take protected leave to enter an approved inpatient treatment program or attend outpatient rehab.

What if an employee is unable to perform their job because of substance use?

If an employee unable to perform their job duties due to a substance use disorder and is seeking treatment, they may be eligible for FMLA leave. The leave must be tied to treatment recommended by a healthcare provider for it to qualify under FMLA regulations.

Does FMLA cover inpatient treatment for substance abuse?

Yes. Inpatient treatment for substance abuse is covered under FMLA if it is provided or referred by a healthcare provider. This includes detox, residential rehab, or other medically supervised programs.

What documentation is needed to qualify for FMLA under drug abuse treatment?

Your healthcare provider must certify that you are being treated for a serious health condition related to drug abuse. This documentation will be submitted to your employer according to FMLA regulations and will help support your request for job-protected leave.

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