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Legal Protections for Employees Seeking Addiction Treatment

Laws That Protect Employees

If you’re considering treatment for substance abuse or drug addiction, one of the biggest concerns you may have is how this decision could affect your job. Will your employer find out? Can they fire you for seeking help? What rights do you actually have?

At Ocean Ridge Recovery, we often work with professionals who are balancing their recovery journey with the responsibilities of work. The good news is that there are several federal laws that protect employees seeking addiction treatment—so you don’t have to choose between your health and your job.

Let’s break down what these protections are, how they work, and how you can access help confidently.

Employee Seeking Addiction Treatment

Key Federal Laws That Protect Employees

Several federal laws safeguard your right to seek treatment for substance abuse or a substance use disorder without risking your job or facing discrimination.

1. The Americans with Disabilities Act (ADA)

The ADA protects employees with disabilities—including those in recovery from drug addiction or alcohol abuse—from discrimination in the workplace. While it doesn’t protect individuals who are currently engaging in illegal drug use, it does protect those who have stopped using and are receiving treatment or have successfully completed a program.

If you’re actively seeking help, your employer is often required to provide reasonable accommodations—like a flexible schedule or medical leave—so you can attend treatment.

2. The Family and Medical Leave Act (FMLA)

FMLA provides up to 12 weeks of unpaid, job-protected leave for eligible employees who need time off for medical reasons—including substance abuse treatment, as long as it’s administered by or under the supervision of a healthcare provider.

This is especially valuable for employee assistance programs (EAPs) that refer workers to care and need formal leave arrangements in place.

How Employee Assistance Programs Support Recovery

Many employers offer employee assistance programs that provide confidential counseling, referrals, and short-term support for substance abuse, mental health, and family concerns. These EAPs are a great place to start if you’re unsure about how to talk to your employer or navigate your legal rights.

An EAP can also assist you in coordinating care, accessing benefits, and avoiding disciplinary actions related to a positive drug test, job performance concerns, or disclosure of a prescription drug issue.

What Employers Can and Can’t Do

Employers must walk a fine line between maintaining a drug free workplace and supporting employees in recovery. Here’s what they can and can’t do:

They can:

  • Enforce clear workplace safety rules
  • Require drug testing in compliance with federal laws
  • Expect employees to meet essential job requirements

They can’t:

  • Fire you just for having a history of substance abuse
  • Deny you reasonable accommodations if you’re actively in treatment
  • Violate your privacy by disclosing your medical history

Even if you work in a highly regulated field or with federal agencies, your employer must follow laws that protect employees—including those related to drug use, prescription drug concerns, and past illicit drug use that is no longer active.

Special Considerations for Certain Employees

Some industries—such as transportation, healthcare, and federal government work—have stricter rules under the Drug-Free Workplace Act, especially when safety is a concern. However, even in these cases, employees in recovery are often eligible for support and accommodations.

Even seasonal agricultural workers and employees earning the federal minimum wage or minimum wage under state law are protected by many of these same standards.

Johnson & Johnson Employees

Your Job Performance Still Matters

While the law is on your side, employers are still allowed to take action if a substance use disorder is affecting your ability to do your job. If your employee’s job performance or conduct becomes unsafe or unreliable, treatment becomes not just an option—but a necessity.

We’re Here to Help You Navigate It All

At Ocean Ridge Recovery, we believe no one should be punished for choosing to get better. If you’re facing drug use, drug abuse, or dependency on a prescription drug, we’ll help you understand your rights, connect with your employee assistance program, and create a treatment plan that aligns with your career.

Whether you’re worried about a positive drug test, ready to request FMLA, or unsure how to approach your HR team, we’re here to support you every step of the way.

Contact Ocean Ridge Recovery today for confidential guidance, compassionate care, and the clarity you need to move forward—legally, professionally, and personally.

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