Can you take time off work for rehab?
How FMLA leave works for treatment, and where its limits are.
The short answer
Many workers can take unpaid, job-protected time off for rehab under the federal Family and Medical Leave Act, or FMLA. It covers up to 12 weeks in 12 months if you and your employer qualify. It covers treatment, not missed work from using.
You may qualify for FMLA leave if
- Your employer has 50 or more employees within 75 miles
- You have worked there for at least 12 months
- You worked at least 1,250 hours in the past 12 months
Public agencies and schools are covered whatever their size. You still need the 12 months and the 1,250 hours.
How to ask for leave
- Read your employer’s leave policy
- Ask HR for the FMLA paperwork
- Have your provider fill out their part
What FMLA leave gives you
The leave is unpaid. Your employer must keep your group health coverage on the same terms during leave, and must generally give you back the same job or one very close to it. Your employer may require you to use paid leave at the same time, so ask how that works.
You can often take the leave all at once or in smaller blocks. That can help if you go to intensive outpatient care or outpatient counseling a few times a week.
How it applies to treatment
The Department of Labor says treatment for substance use can count as a serious health condition when the rules on inpatient care or ongoing treatment are met. The treatment must come from a health care provider, or from a treatment provider you were referred to by one.
Missing work because of use, and not because of treatment, does not qualify. Your employer also may not act against you for taking FMLA leave for treatment. There is one big limit. If your employer has an established policy, applied fairly and shared with all staff, it may still fire someone for substance use under that policy, even during leave. Read your policy first, and think about talking to an employment lawyer.
If you are the family member
You can take FMLA leave to care for a spouse, child or parent who is in treatment, as long as you meet the same work rules. For a child 18 or older, extra rules apply. Care can include taking part in the treatment program or joining a meeting with the care team. Your employer may not act against you for it. See helping a family member.
If FMLA does not fit
Ask HR about sick days, short-term disability and any employee assistance program, which is a free, private counseling benefit some jobs offer. The Americans with Disabilities Act may also protect some people in recovery, for example with a schedule change for treatment. If your work drug-tests, ask how a positive test is handled before you assume the worst. Tell your employer as early as you reasonably can when you need leave, since a late request can cause problems. For questions on FMLA, the Department of Labor’s helpline is 1-866-487-9243.
Questions to ask HR
- Am I eligible for FMLA?
- Must I use paid leave first?
- Who will see my paperwork?
- Does short-term disability apply?
Common questions
Do I have to tell my boss it is for rehab?
You need to give enough information to show the leave may qualify. A health care provider fills out part of the form, and your employer may ask for it. A formal diagnosis is not required on the form. You can go through HR and ask who will see it.
Will I get paid during rehab?
FMLA leave is unpaid. Paid leave, sick days or short-term disability may fill part of the gap. Ask HR what applies to you, and plan for the cost of treatment too.
Does my insurance stay active?
Group health coverage continues on the same terms during FMLA leave. You still pay your share of the premium. See private insurance.
Is this legal advice?
No. This page gives general facts. Your employer’s policy and your state of health can change the answer, so talk to an employment lawyer or the Department of Labor for your own case.
