Utilizing FMLA for Mental Health and Addiction Treatment

If you or someone you love is struggling with their mental health or addiction, taking time to get better can feel like a step back. The fear of losing your job while seeking treatment might make you hesitate, but it’s the best thing you can do.

The Family and Medical Leave Act (FMLA) protects your job while you focus on recovery. Today we are reviewing what FMLA is, how it applies to mental health and addiction treatment, and how you can use it to prioritize your wellness and sobriety without sacrificing your career.

What Is FMLA?

The Family and Medical Leave Act is a federal law designed to help you balance your health needs with your job. It allows eligible employees to take up to 12 weeks unpaid, within a 12-month period for specific medical and family reasons. This allows you to step away to manage serious health issues, like mental health conditions or substance abuse, without the fear of losing your job.

FMLA isn’t just for physical ailments. It covers mental health conditions like depression, anxiety, or PTSD, as well as addiction treatment for alcohol or drug dependency. The law ensures your employer holds your job or an equivalent role, while you’re away, and it requires them to maintain your health benefits during your leave.

Who Qualifies for FMLA?

Not everyone automatically qualifies for the Family and Medical Leave Act, but the criteria are straightforward. To be eligible for FMLA leave, you must:

•         Work for a private companies with 50 or more employees, public agencies, or schools
•         Have worked for your employer for over 12 months (doesn’t need to be consecutive)
•         Have logged at least 1,250 hours of work in the past 12 months (about 24 hours per week)
•         Your workplace has 50 or more employees within a 75-mile radius.

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How FMLA Applies to Mental Health and Addiction Treatment

Mental health and addiction are recognized as serious health conditions under the Family and Medical Leave Act. This means you can take leave to seek treatment for issues like depression, bipolar disorder, or substance abuse without fear of job loss. Whether you’re entering an inpatient rehab program, attending outpatient therapy, or managing a mental health crisis, FMLA substance abuse treatment​ has your back.

FMLA for Addiction Treatment

If you’re seeking treatment for alcohol or drug addiction, FMLA for rehab​ can protect your job while you attend rehab. This includes:

• Inpatient rehab programs: Residential treatment for substance abuse, such as alcohol or drug rehab, qualifies as a serious health condition.
• Outpatient programs: Regular therapy sessions or partial hospitalization programs for addiction also count.
• Detoxification: Medically supervised detox to manage withdrawal symptoms.

FMLA for drug rehab ensures you can concentrate on healing without the worry of job insecurity. An important note, however, that Family and Medical Leave Act leave is unpaid, so you’ll want to plan financially.

FMLA for Mental Health Conditions

FMLA covers various treatment types. You can use Family and Medical Leave Act leave for:

•         Therapy or counseling sessions.
•         Inpatient treatment for severe mental health conditions.
•         Time to manage medication adjustments or cope with a mental health crisis.

Does an Employer Have to Offer Drug Rehab Before Termination?

A common question I hear is whether an employer must offer drug rehab before firing someone for substance-related issues. The answer is no, Family and Medical Leave Act doesn’t require employers to offer rehab or treatment as an alternative to termination. However, if you request FMLA leave for addiction treatment before any disciplinary action, your employer must consider your eligibility. If approved, your job is protected while you seek help.

That said, if your substance use has already led to performance issues or policy violations, your employer may still take action. The best approach is to act proactively, request Family and Medical Leave Act leave as soon as you recognize the need for treatment. This shows your commitment to getting better and may help your case to protect your job.

How to Use Your FMLA

Applying for FMLA is a process, but no need to get overwhelmed. Break it down into steps and ask for help if you need it.

1. Let Your Employer Know: Notify them that you need FMLA leave as soon as possible. You don’t need to disclose the details of your condition (you are going to mental health or addiction treatment), but you must indicate it’s for a serious health issue.
2. Get a Medical Certification: Your healthcare provider will need to complete a form verifying your condition. This could be your therapist, psychiatrist, or rehab facility doctor.
3. Submit Paperwork: Your employer will provide FMLA forms. Fill them out and return them within the deadline (usually 15 days).
4. Plan Your Leave: Decide whether you need continuous leave (e.g., for inpatient rehab) or intermittent leave (e.g., for weekly therapy sessions).

Your employer has five business days to approve or deny your request. If approved, you’re entitled to up to 12 weeks of leave, which you can take all at once or spread out as needed.

What If Your Employer Denies Your FMLA Request?

If your employer denies your FMLA request, don’t panic. First, confirm you meet the eligibility criteria. If you believe your FMLA denial is unjust, you can submit a complaint to the U.S. Department of Labor’s Wage and Hour Division. They can investigate and help protect your rights.

Why FMLA Matters for Your Recovery

Taking time for mental health care or addiction treatment is a brave step. The Family and Medical Leave Act gives you the space to focus on recovering without the constant worry of losing your job. Knowing your employment is secure can ease the emotional burden and let you pour your energy into getting better.

FMLA in Washington State

Washington state follows federal FMLA rules but also offers the Washington Paid Family and Medical Leave (PFML) program, which can provide partial wage replacement during your leave. This can ease the financial burden of taking unpaid FMLA leave for treatment.

Where to Find FMLA-Supported Treatment in Washington

If you are in Spokane Valley or nearby areas, you have options for mental health and addiction treatment that align with FMLA.

Frequently Asked Questions (FAQs)

Call today to speak with our team and learn more about our programs. We Level Up Washington: (509) 348-4077. Your next step starts here.