How Much Time Can I Take Off Work For Detox?

Drug detox is an important part of any substance use disorder (SUD) treatment plan. Adults with financial responsibilities may hesitate to seek out treatment, though. They may worry about their job stability. Even if they have enough money to keep their family or household afloat while they attend drug & alcohol detox, they may worry about getting time off.

They also may fear getting fired. 

Luckily, the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) both protect workers who need treatment for a disability.

Each law offers different safeguards, but each act also has its own limitations.

Figuring how much time off from work you can take for drug and alcohol detox can be complicated.

Substance Use Disorder and the ADA

The ADA protects against housing, transportation, public service, or employment discrimination based on a disability. Unlike FMLA, the ADA protects most classes of workers, including temp workers, contractors, full-time employees, and part-time employees. It notably excludes gig workers and freelancers.

If a person needs addiction treatment but does not qualify for FLMA, they should look into what the ADA may offer them.

For SUD to be considered a covered disability under the ADA, it must cause significant impairment on at least one basic life function. The current use of illicit drugs is not covered under the ADA. People with a history, but no current abuse, of illicit substances, receive protection. Much like illicit substances, the ADA does not apply to people who actively misuse prescription medications.

With the precedent set by court cases like Schmidt v. Safeway, Inc., employers must provide time off for people with SUD to seek treatment. The amount of time off is dependent on what is deemed necessary for the employee and is not an undue burden for the company. The best way to convince an employer to cooperate is by providing a medical treatment plan created by a doctor.

After an employee gets out of detox, they can request that their employer adjust their schedule to accommodate an outpatient rehab program as well.

It is important to note that, under the ADA, employers do not have to provide time off for an employee with a low likelihood of rehabilitation. This includes employees with repeat stints in rehab.

Substance Use Disorder and the FMLA

Unlike the ADA, the FMLA only provides coverage for employees. No other type of worker receives FMLA leave or protection. The qualifiers for protection match up in some ways, though. Like the ADA, employees must experience impairment from SUD to use FMLA. This law puts other conditions in place as well. FMLA includes businesses with 50 or more employees for 20 or more workweeks in the previous calendar year. It also covers the public sector.

In order for an employee to qualify for FMLA, a person must do the following:

• Work for a qualified company
• Work at a location with 50 or more employees within a 75-mile radius
• Work for an employer for at least 12 collective months
• Work 1,250 hours in the 12 months prior (not including paid or unpaid leave)

If a person needs treatment for SUD involving illicit substances, using FMLA is the best way to go. FMLA does not disqualify individuals based on the type or legality of the drugs abused. If someone needs treatment for a serious medical condition and meets the above qualifications, FMLA will cover them. This includes time off for detox. 

Under FMLA, an individual can receive leave for up to 12 workweeks throughout a 12-month period. The time off does not need to be consecutive. As such, the person can take time off for detox now and save the rest for any future treatments. It is important to remember that employers need reasonable notification of intent to take FMLA. Employees should offer as much notice as possible for workplaces to make appropriate accommodations. 

The only thing to be wary of with FMLA is that it does not supersede a company's policies on substance use. If someone breaks an employer's stated rules about substance use, they can be terminated from their position whether they seek treatment or not. Luckily, these days, many employers understand that addiction is an illness that needs treatment. They may bar substance use on the job but using substances outside of work is not always a fire-able offense.

Preparing for Drug Detox

After getting approval for leave, a person needs to prepare for drug detox. They should:

• Arrange for auto-payment on any bills
• Inform their support system of the planned detox stay
• Pack comfortable clothes and personal hygiene products
• Mentally prepare themselves by figuring out their “why” for getting treatment

Most of all, they should recognize how brave and strong they are for seeking a substance-free life.

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