The Facts on FMLA and Addiction Treatment

FMLA and Addiction Treatment

Drug and alcohol addiction is a disease that impacts every aspect of a person’s life. Loved ones and an individual’s community also suffer the consequences, both directly and indirectly, when someone close is addicted to drugs or alcohol. These disorders cost the U.S. economy over 900 billion dollars a year in lost productivity. It is estimated that 10% of the U.S. adult population struggles with drug and alcohol abuse, and these disorders have negatively impacted almost every family in the country.

Although addiction is a chronic and lifelong disorder, it can be effectively managed and treated. Thousands of people achieve sobriety every day and go on to live a life free from addiction and abuse. But there are numerous barriers to treatment and access that people in recovery must overcome to get the care they need. The Family Medical Leave Act, or FMLA, has made it easier for employees to seek treatment for drug or alcohol addiction. The Act protects a worker’s job if they need to attend rehab.

How many people need addiction treatment?

It is only a rough estimate that ten percent of the U.S. adult population is addicted to drugs or alcohol. Many more can struggle with dependence and misuse of prescription drugs without becoming a statistic. Even fewer will get the treatment they need to overcome substance use disorder. Approximately 23.5 million people in the U.S. abuse drugs or alcohol. But only one in ten, or 2.6 million people, receive treatment and maintain sobriety.

What are the most common barriers to treatment access?

Drug and alcohol addiction are diseases where one of the main symptoms of the disorder is denial. A lot of people who are problem drinkers or misuse substances don’t think they have a problem despite the negative consequences their substance use causes. The basis of the 12-steps program is admitting that an individual has a problem. Acceptance and honesty about substance abuse are one of the first steps a person must take in the journey to recovery. Until a person with substance use disorder admit they have a problem, it may never occur to them that treatment is a must. Denial, and hiding their substance abuse from loved ones keeps the disorder in the dark, and away from needed medical treatment.

While it’s true that people who have a substance use disorder must be ready and accepting of treatment, there are numerous, structural barriers preventing a lot of people from attending rehab and medical detox who otherwise want to become sober. A lack of funds to enter private treatment is a significant obstacle for many. On average, addiction treatment costs about $11,000 per person. If everyone who needed treatment in the U.S. got it, costs would exceed $224 billion.

Caregiving responsibilities are also another significant barrier to treatment access. Many people who are struggling with substance abuse do not have family or close friends to care for minor children or elderly loved ones should they enter a rehab facility. Custodial parents may also fear losing access to their children should it become known they have a drinking or drug problem. While alcohol and drug abuse do impair a person’s ability to function on a variety of levels, many people who are struggling with addiction and abuse can still hold down a job and care for others.

Employment is also a significant barrier to treatment access. Employees may be afraid they will get fired and lose their job if they attempt to become sober. Being able to manage stress levels and having stability in a person’s life is critical for maintaining sobriety. Worrying about money and joblessness can be a significant deterrent for seeking addiction treatment. While FMLA can’t address issues regarding child or eldercare, and FMLA does not cover payment for a treatment facility, it can protect workers’ jobs if they need treatment for addiction.

What is addiction treatment?

Addiction is a disorder that impacts individuals in very different ways. Because addiction varies so much from one person to the next, addiction treatment must be tailored to each patient. The severity of a person’s addiction, the presence of co-occurring disorders, and the patient’s circumstances and medical history will all influence the type of treatment they receive. Some patients may need to attend an inpatient rehab center, and length of stay for this form of treatment can vary from one month to several months. Others may benefit the most from inpatient treatment, where they can attend the facility during the day, but go home at night. Severe addictions may require full or partial hospitalization to stabilize patients before they can begin therapy and counseling.

Follow-up care is also critical for helping patients maintain sobriety and avoid a relapse. This will also look different for each patient but typically consists of a combination of one-on-one therapy, support groups, and psychiatric care.

Addiction treatment requires intense care and work on the part of both the patient and their team of doctors. In many cases, especially if a person needs to attend inpatient rehab, working a full-time job is not feasible.

What is the Family Medical Leave Act (FMLA)?

In 1993, former President Bill Clinton passed the Family Medical Leave Act. It is a federal law intended to help balance the needs of families with the demands of the workplace. Without FMLA, workers who took time off to receive medical treatment or care for injured or sick loved ones could lose their jobs and their access to employer-based health insurance. Only certain workers are eligible to receive FMLA protections. Potential scenarios where FMLA could be used are:

  • Giving birth
  • Adopting a child or fostering a child
  • Caring for a sick or injured spouse, child, or parent
  • Receiving medical treatment for a severe illness or injury

Since addiction is considered a severe and complex disorder requiring treatment, treatment for addiction is covered under FMLA. FMLA will typically cover workers for up to twelve weeks of medical leave.

Who is eligible for FMLA?

Not everyone is eligible for FMLA. It’s vital for workers who are ready to receive treatment for addiction to understand how FMLA works and if they are protected or not.

  • The employee must work for an employer who is covered under FMLA
  • Must have worked for at least 12 or more months non-consecutively
  • Must have worked for at least 1250 hours during their 12-month employment before taking medical leave under FMLA
  • Must work in an area where the employer has at least 50 employees within 75 miles

A covered employer is a broad category that typically includes the following business entities:

  • Private-sector employers with 50 or more employees that work 20 or more weeks per year.
  • Local, state, or government agency employers
  • Public or private elementary or secondary schools

Workers who meet these eligibility requirements can take time off work to enter rehab and addiction treatment. They will be protected from under FMLA, and their job will be waiting for them after taking 12 weeks of medical leave.

FMLA makes it possible for many people in the U.S. to get the treatment they need without worrying about joblessness if they take much-needed time off. But it is critical for readers to understand that FMLA offers 12 weeks of unpaid leave. While FMLA will protect a covered worker’s job, it will not replace their income during this time. People do need to account for the money they will not have coming in once they take FMLA and enter rehab.

It is also essential to understand that FMLA does not protect workers who are currently using drugs or drinking while on the job. If a person’s addiction disorder is interfering with their ability to work, an employer is within their right to terminate that worker. FMLA does not protect against termination in those cases. It strictly protects a job for up to 12 weeks if a person enters rehab and receives addiction treatment.

Unfortunately, FMLA is unable to address many of the other multi-faceted barriers to addiction treatment. But it at least protects workers from wrongful termination if they seek treatment for their disorder. FMLA has also been useful for helping to destigmatize addiction on a societal level.

Addiction is a complicated and severe disease that impacts an individual on a physical, emotional, and behavioral level. People living with the disorder need all the tools they can get to enable them to receive the treatment they need to overcome addiction and achieve and maintain sobriety. Although addiction is a severe and chronic condition, treatment, and recovery are possible. But treatment requires assistance and understanding from loved ones and employers too. FMLA helps people in the U.S. start their journey to recovery without the real fear of job loss. For many patients, this protection is enough to encourage them to get the help they need.

Are you struggling with drug or alcohol misuse and addiction? It’s never too late to seek help and begin the road to recovery. Please contact Mission Harbor Behavioral Health today to learn more about our treatment options for substance use disorder.

The facilities at Mission Harbor are staffed with trained experts to best assist patients with their mental health issues. We are capable of dealing with any and all cases with a licensed staff, equipment, and approved techniques. Our mission is to help those who want to help themselves, and we support your decision in seeking help.

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