Will my employer have to pay for rehab?
The effects of employee substance abuse extend far beyond the individual. Especially if the addict’s job is dangerous, such as a construction site or a bus driver, others in the area may be at risk because the person is under the influence. While there are more restrictive laws regarding employee drug testing, many are asking, “Do employers have to pay for rehab?” If not, who does? Below, the Banyan Rehabilitation Center shares more information about the rights and rehabilitation of employees with drug addiction.
Understand employee drug and alcohol policies
Most private employers are not required to maintain or enforce a drug-free workplace policy. Exceptions to this are federal contractors and grantees in safety and security sensitive industries and positions. Drug-free workplace policies can be divided into two categories.
The first is legislation such as the Drug-Free Workplace Act of 1988. These laws specifically target substance abuse in the workplace and force certain types of employers to take action against substance abuse. Drug and alcohol abuse at worksuch as developing a drug-free policy.
Another category includes laws designed to protect the civil rights of employees. These laws provide legal protections for certain types of employees to prevent job loss and prejudice. They set clear limits on how stringent employers are required to investigate and establish results for employee substance abuse. This includes deciding who will pay for drug rehab.
Some of the most important and common federal laws and regulations that fall into this second category include:1
- Americans with Disabilities Act of 1990 (ADA)
- Civil Rights Act of 1964
- Family and Medical Leave Act of 1993 (FMLA)
- National Labor Relations Act of 1935 (NLRA)
Employers considering drug testing of their employees should consult an attorney to avoid lawsuits for invasion of privacy, wrongful termination, defamation, and discrimination. In addition to having an attorney, employers can also avoid litigation by ensuring that all policies are fairly and consistently enforced, shared and understood by all employees. increase.
Will my employer have to pay for rehab?
So, does the employer have to pay for the rehab? No, the employer does not have to pay for the employee’s addiction rehab. However, in the case of employee substance abuse, there are other requirements that employers must follow. These include:1
- Americans with Disabilities Act of 1990 (ADA): The law prohibits all U.S. employers with more than 15 employees from discriminating against qualified job applicants or employees on the basis of disability. The ADA does not prevent employers from having a drug-free workplace policy or protecting individuals who are currently using illegal drugs, but it does not prevent employers from discriminating against people who have recovered from drug addiction. making it illegal to do so. treatment of alcoholism In the past.
- Civil Rights Act of 1964: A law that prohibits sole proprietorships with 15 or more employees from discriminating against people on the basis of race, sex, religion, or national origin. In the case of drug or alcohol abuse, employers must treat all workers equally and be careful not to identify racial, ethnic, or gender groups for drug testing or disciplinary action.
- Family and Medical Leave Act 1993 (FMLA): This law applies to all public and private employers with more than 50 employees. Under the FMLA, employers may allow employees who have worked for at least one year and worked at least 1,250 hours in the last 12 months to take up to 12 weeks of unpaid work protection leave due to serious health conditions or reasons. I have to allow it. To care for a spouse, child or parent with a serious health condition. Under the FMLA, qualified employees may leave their jobs to treat addiction, treat physical illnesses and ailments, and care for close relatives who are being treated for these conditions. These employees have the right to return to the same or similar (equivalent) position at the end of their leave. FMLA also protects employees who take leave from retaliation from employers. For example, an employee cannot be demoted, fired, or denied a promotion because the employee took her 12 weeks off for medical treatment or to care for an outpatient. housing addiction treatment.
- National Labor Relations Act of 1935 (NLRA): Under the NLRA, drug testing programs affecting unionized workers must be negotiated and agreed with the union through a formal bargaining process.
How to Tell Your Boss You’re Going to Rehab
Your boss doesn’t have to pay for your rehab, but it’s important to tell your boss about your plans. This is to ensure that you can continue your work and to let them know your situation. If you’re worried about confiding in this topic with your employer, here are some tips:
- Let’s have a conversation sooner or later. Drug and alcohol abuse can quickly get out of hand, so you should talk to your manager as soon as possible. They will appreciate your honesty and openness.
- do your research. It is important that you are familiar with company policies. For more information on company policies and resources for employees struggling with substance abuse, you can read the employee manual or look online. If you can’t find the information, check with Human Resources.
- Please understand your legal rights. Knowing your rights will make it easier for you to seek the help and resources you need to stop and stay sober. Unfortunately, some employers try to deny you your rights and the law. That’s why it’s important to know that before tackling this conversation.
- Don’t talk to your colleagues in front of your boss. Rumors spread within the company. You will need an opportunity to explain your situation to your employer without having to deal with misinformation circulating in the workplace.
- Make a treatment plan. You can reach out to addiction treatment facilities like ours Bunyan’s Rehab Place Provides rehabilitation for those who are working or on leave. Not only is it organized, but it’s responsible to plan before you mention addiction treatment to your boss.
- Be candid. Be clear with your employer about when you need to take off for rehab.Remember that even if you think you’ll manage to get to therapy or work, you may experience withdrawal symptoms and need more rest than you expected. maybe drug detox Otherwise, you may need time to focus on applying the skills you learned to your daily life.
- Be honest. Open up to your boss and express your desire to improve both your health and your work. If you have an active addiction, your boss or colleagues may already suspect a problem. Lying about why you’re leaving can not only jeopardize your job position, but it can make it seem like you’re abandoning it without getting much-needed help. Being honest about going to rehab can show your boss that you’re serious about improving and getting back to work.
Employee Substance Abuse Treatment at Banyan
With Banyan Treatment Centers nationwide, the family of facilities offers a variety of rehabilitation programs that address all types of substance use disorders. In addition to multi-level addiction treatment, our rehab center offers: corporate turnaround program Provide the personalized care needed by employees battling addiction.
for more information about us banyan poisoning treatmentcall us now 888-280-4763 or your contact We will get back to you.
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