Is Alcoholism Covered Under FMLA?
Even though drinking alcohol is legal, you should know your limits to avoid developing alcoholism. This is a serious medical issue that affects around 14.5 million people in the United States, according to the 2019 National Survey on Drug Use and Health. If you or someone close to you is suffering from alcoholism, you may have some protections under the Family and Medical Leave Act (FMLA). Before you enter a treatment program, you should know what these protections are.
What Is FMLA?
The Family and Medical Leave Act is a federal law that provides men and women with the ability to take a job-protected leave of absence for various medical and family reasons. While your job is protected with FMLA leave, your time away from the job will be unpaid.
Under FMLA guidelines, employees may receive as many as 12 weeks of job-protected leave each year. Employees can use this time to treat many different medical conditions. Any type of substance use disorder qualifies under the FMLA guidelines, so treatment can be obtained for alcoholism and drug abuse.
The Family and Medical Leave Act is available across the United States. Keep in mind, however, that certain states have their own laws that provide similar benefits. In any state that doesn’t have similar family leave laws, the federal law will apply. Employers are still expected to adhere to state law.
FMLA statistics show that upwards of 15 million employees claim FMLA leave every year to care for a loved one or to manage their own health conditions. This law was put into place in 1993 to help employees better balance their family and work obligations.
Along with a wide range of other health issues and personal emergencies, you can use FMLA to attend rehab for alcoholism. To qualify under FMLA guidelines, treating this form of addiction will likely require a stay in an inpatient facility. During this time, your employment status won’t change. The main aspect of qualification for FMLA leave is providing a referral from a reputable medical professional.
Who Can Claim FMLA for Alcoholism?
Employees are able to take advantage of FMLA leave benefits if they’ve been with their current employer for 12 or more months and worked at least 1,250 hours over the previous year. To qualify, the company that the employee works for must manage 50 or more employees within a distance of 75 miles to qualify.
Some of the additional reasons that employees have for taking FMLA leave include a child adoption, the birth of a child, taking care of a close member of the family who’s suffering from a serious health issue, and taking medical leave if you’re unable to work and need to be hospitalized or enter an inpatient treatment center.
What Types of Treatment Does FMLA Cover?
There are a few different kinds of treatment that qualify for FMLA leave. The type of treatment you choose to obtain for alcoholism largely depends on the length of substance use as well as the severity of the addiction. The type of treatment most commonly used in combination with FMLA leave is inpatient treatment, which provides clients with 24/7 care and supervision in a residential facility that offers a drug-free environment.
Partial hospitalization programs are available to clients for a few hours each day and several days each week. It’s also possible to enter an outpatient treatment program, which delivers several hours of care per week via counseling and therapy.
Many clients who suffer from alcoholism choose to enter an intensive outpatient program, which is the next step below inpatient treatment. This solution is primarily accessed by people who don’t require 24/7 supervision but still need to receive a similar level of care.
Once the primary treatment program has been completed, clients can choose to live in a halfway home or sober living home, both of which are considered part of aftercare programs for clients who have completed alcoholism treatment. These homes are designed to help recovering individuals remain sober as they transition to a life that’s free from alcohol.
How Long Does FMLA Coverage Last?
The FMLA provides employees who are eligible for coverage with the ability to claim 12 weeks of leave each year. Even though this leave is unpaid, group health insurance coverage remains in place throughout the duration of the leave.
The FMLA entitlement is calculated as full weeks. If an employee takes four weeks off, this will be classified as two complete FMLA entitlements. There are times when intermittent leave will be covered since there isn’t a specific policy for employees who want to take leave in increments smaller than full weeks.
If you suffer from a serious medical issue, intermittent leave could be authorized by FMLA. The types of care that qualify include therapy sessions at an alcohol rehab center. These sessions would require FMLA to cover any non-work time that occurs during the appointments.
Even if you only use eight weeks of FMLA in a year, the remaining time can’t be carried into next year. Instead, the remaining unused weeks are lost. In the event that an employer asks for medical certification regarding the health issue or alcoholism treatment, employees will need to present it within 15 days following the employer’s request.
FMLA Rules and Guidelines for Employees
When you come back from FMLA leave, you can resume your work immediately. The FMLA prevents employers from firing their employees or taking any kind of action when the employee takes leave to obtain treatment for alcoholism. Once you return to work following treatment for alcoholism, your employee is unable to seek repercussions against you.
Even though you can’t be fired for alcoholism under FMLA guidelines, the employer’s policy will also factor into their reaction. In the event that substance use of any kind goes against the employer’s policies, they can fire you even if the treatment is accepted under FMLA guidelines.
Along with FMLA, employees receive protection via the Americans with Disabilities Act (ADA), the federal law that’s designed to protect disabled individuals from discrimination by employers. This level of protection can also extend to government-funded rehab services and programs for alcoholism.
How to Claim FMLA Rights With Your Employer
Before you request leave, you should understand your rights regarding FMLA legislation. When speaking with your employer, you’ll likely be tasked with speaking briefly about your medical issues and why you need to obtain treatment for alcoholism. If you’ve already selected the treatment destination as well as the length of the treatment program, this information should be shared with your employer.
If you require FMLA leave, you’ll need to provide advance notice of at least 30 days. In the event of an emergency, the notice should be given as soon as possible. If a same-day admission is required, you can provide notice that day or the following business day.
How Much Alcohol Is Too Much?
If you currently drink but are unsure if you suffer from alcoholism, know that a single serving of alcohol equals:
• 12 ounces of beer
• 8-9 ounces of malt liquor
• 5 ounces of wine
• 3-4 ounces of fortified wine like sherry or port
• 2-3 ounces of cordial, liqueur, or aperitif
• 1.5 ounces of brandy, cognac, or 80-proof distilled spirits like vodka, rum, gin, or whiskey
Many bars and restaurants serve too much alcohol in a single drink, which makes it easier to consume a high amount of alcohol.
Alcoholism isn’t solely about the amount you drink. A few additional factors that can contribute to alcoholism include the effects of your drinking, how often you typically drink, and what occurs when you attempt to stop drinking.
How to Detect Alcoholism
There are numerous warning signs that can help you determine if you or a loved one is suffering from alcohol use disorder (AUD). The primary signs include not being able to control when you drink alcohol or how much you consume, feeling cravings to drink, having a tolerance to alcohol, needing to drink at least some alcohol to feel good, and storing your alcohol in hidden areas in your vehicle, home, or workplace.
You could also exhibit behaviors like drinking in secret or away from everyone else, being irritable if you’re unable to drink, deciding to drink instead of spending time with your family and friends, drinking even when negative consequences in your professional or personal life are occurring, and experiencing blackouts during which you’re unable to remember where you were or what you did.
There are also numerous physical symptoms that you might encounter when you’re not able to drink for an extended period. This issue is referred to as withdrawal, which means that your body needs alcohol to function properly. The most common signs of alcohol withdrawal include:
• Sweating
• Shaking
• Nausea
• Hallucinations
• Vomiting
• Convulsions
Protection From Employer Retaliation
Employers are legally prohibited from restraining, denying, or interfering with an FMLA right. In the event that a covered employer fails to display the poster outlining provisions of the FMLA and explaining how employees can file complaints, they could be fined a civil penalty of up to $189. The guidelines are fully enforced by the FMLA. If you seek FMLA leave but are denied your rights, you can file a complaint directly with the Wage and Hour Division of the U.S. Department of Labor.
It’s also possible to file a lawsuit against your employer, which takes the matter to court unless it’s settled beforehand. State employees could be subject to some limitations about filing direct lawsuits if they took leave because of severe health conditions. Even though the majority of federal and congressional employees are covered by the FMLA, they are also subject to Congress or the Office of Personnel Management.
How to Return to Work Following an FMLA Leave
Once you’ve completed your FMLA leave, you’re able to go back to work and start performing your everyday duties without issue or delay. Before you go back to work, you might want to know what your FMLA rights are if your employer violates FMLA guidelines.
Your employer will have the right to request that you abstain from drinking alcohol in the future and taking other addictive substances. You’ll still be able to take medications that are prescribed directly by your doctor.
Employers are also given the right to require that employees take drug tests on a regular basis. If you’re on leave for alcoholism, you can return to the exact same position you had or be given another position that provides the same salary and benefits.
If you currently suffer from alcoholism or a similar substance use disorder, your next step may be to seek treatment at an inpatient or outpatient facility. Treatment programs are usually able to provide clients with individualized care to make sure that the program suits their exact needs. Don’t hesitate to take advantage of your FMLA leave benefits if you’d like to start treatment for alcoholism.