{"id":655,"date":"2023-07-13T06:41:26","date_gmt":"2023-07-13T06:41:26","guid":{"rendered":"https:\/\/www.floridarehab.com\/?page_id=655"},"modified":"2025-02-07T12:01:36","modified_gmt":"2025-02-07T12:01:36","slug":"fmla-ada-rehab-act-1973","status":"publish","type":"blog","link":"https:\/\/www.floridarehab.com\/admissions\/fmla-ada-rehab-act-1973\/","title":{"rendered":"Discriminations Laws and Substance Abuse: Rehab Act of 1973, ADA and FMLA"},"content":{"rendered":"\n<p class=\"has-text-align-center has-large-font-size wp-block-paragraph\"><strong>There are certain laws, such as the Americans with Disabilities Act, that allow employees to seek substance abuse treatment without fear of losing their employment.<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">When someone is struggling with addiction, their substance use may begin interfering with their career. Studies show millions of Americans go to work under the influence; some even use drugs or alcohol while on the clock:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li><a href=\"https:\/\/www.ndwa.org\/drug-free-workplace\/industry-statistics\/\" target=\"_blank\" rel=\"noreferrer noopener\">An analysis<\/a>&nbsp;of over 10 million workplace drug tests found that 5.1% of tests came back positive for the presence of drugs in 2018.<\/li>\n\n\n\n<li><a href=\"https:\/\/www.researchgate.net\/publication\/6950121_Prevalence_and_distribution_of_illicit_drug_use_in_the_workforce_and_in_the_workplace_Findings_and_implications_from_a_US_National_survey\" target=\"_blank\" rel=\"noreferrer noopener\">A 2006 study<\/a>&nbsp;found that 14.4% of U.S. adult employees used illicit drugs, with 3.1% using illicit drugs while at work.<\/li>\n\n\n\n<li><a href=\"https:\/\/pubmed.ncbi.nlm.nih.gov\/16536139\/#\" target=\"_blank\" rel=\"noreferrer noopener\">A similar study<\/a>&nbsp;found that around 7.1% of employees drink alcohol during the workday, while 1.8% drink before work and 9.2% work while hungover.<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">For many people with addiction, substance use is a large part of day-to-day life. The nature of dependence, addiction, and withdrawal means avoiding substances for an eight-hour shift can often seem impossible. Fortunately, there are laws in place that allow workers to find the life-saving help they need without losing their employment.<\/p>\n\n\n\n\n\n<h2 class=\"wp-block-heading\">Protecting Employees From Discrimination Against Addiction<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\"><a href=\"https:\/\/www.samhsa.gov\/workplace\/legal\/federal-laws\" target=\"_blank\" rel=\"noreferrer noopener\">Three key laws<\/a>&nbsp;prevent discrimination and allow workers to seek help without retaliation. These work in several different ways, such as:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Limiting an employer\u2019s ability to investigate workers or retaliate for seeking treatment<\/li>\n\n\n\n<li>Preventing employers from refusing employment based on a history of substance use or rehab<\/li>\n\n\n\n<li>Protecting employees\u2019 jobs as they take unpaid leave for treatment<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">It\u2019s important to note that an employee&nbsp;<a href=\"https:\/\/www.law.cornell.edu\/cfr\/text\/29\/825.119\" target=\"_blank\" rel=\"noreferrer noopener\">may not be protected<\/a>&nbsp;by some laws if an employer has clear, non-discriminatory policies in place that allow them to take action against employee substance use. Additionally, at-work substance use may not be protected. The following provides an overview of these three laws: the Rehabilitation Act of 1973, ADA and FMLA.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Rehab Act of 1973<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">The&nbsp;<a href=\"https:\/\/www.hhs.gov\/sites\/default\/files\/ocr\/civilrights\/resources\/factsheets\/504.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">Rehabilitation Act of 1973<\/a>&nbsp;was created to protect employees of organizations that receive federal funding, including hospitals, mental health facilities, human service programs and many others. Specifically, it prevents employers from denying qualified employees with disabilities access to benefits and other workplace services. Drug addiction is included as a type of disability. Employers must also make reasonable accommodations for people with disabilities.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Essentially, this means a federally-funded organization cannot discriminate against someone based on a history of substance use or rehabilitation. Regarding addiction,&nbsp;<a href=\"https:\/\/www.sciencedirect.com\/topics\/psychology\/rehabilitation-act\" target=\"_blank\" rel=\"noreferrer noopener\">accommodation may mean<\/a>&nbsp;offering treatment to someone who is struggling with substance use.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Americans with Disabilities Act (ADA)<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\"><a href=\"https:\/\/www.usccr.gov\/pubs\/ada\/ch4.htm\" target=\"_blank\" rel=\"noreferrer noopener\">The ADA alllows employers<\/a>&nbsp;to enforce a drug-free workplace, but it also protects employees with disabilities like an addiction. Employers cannot discriminate against employees based on a history of drug use or past or current rehabilitation. However, the ADA does not apply to current illicit drug use. Additionally, employees should be given reasonable accommodation \u2014 in this case, the ability to have a modified work schedule or a leave of absence to seek treatment.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">How Is the ADA Different From the Rehab Act of 1973?<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">The ADA is a much broader law that applies to private employers with more than 15 employees. Meanwhile, the Rehab Act of 1973 applies specifically to federally-funded organizations. Essentially, the ADA is a step up from the Rehab Act of 1973. Both laws view addiction as a disability.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Family Medical Leave Act (FMLA)<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\"><a href=\"https:\/\/www.dol.gov\/agencies\/whd\/fact-sheets\/28-fmla\" target=\"_blank\" rel=\"noreferrer noopener\">FMLA allows employees<\/a>&nbsp;to take up to 12 weeks of unpaid leave for a variety of reasons, including addiction treatment. To be eligible, the person must be employed for at least 12 nonconsecutive months and work for at least 1,250 hours in the year before taking leave. The employer must have 50 or more employees located within 75 miles to fall under FMLA protection.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Further, the employer cannot retaliate against an employee for taking FMLA leave. However, in some circumstances, employees&nbsp;<a href=\"https:\/\/www.law.cornell.edu\/cfr\/text\/29\/825.119\" target=\"_blank\" rel=\"noreferrer noopener\">may lose their job<\/a>&nbsp;if their employee has a clear, established drug-free policy in place.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">How To Approach Time Off for Rehab<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">It may be intimidating, but the best way to&nbsp;<a href=\"\/admissions\/rehab-with-job\/\" data-type=\"URL\" data-id=\"\/admissions\/rrehab-with-job\/\">take time off work for rehab<\/a>&nbsp;under FMLA is to have an open, honest conversation with your human resources department. They can help you process the necessary paperwork. You\u2019ll want to explain how going to rehab can make you a better employee and benefit the organization. It can also be helpful to bring a referral note from your doctor that recommends addiction treatment. Regardless, your decision to seek treatment can indicate to your employer a firm commitment to recovery.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Going to rehab and keeping your job is possible. At The Recovery Village at Baptist Health, our addiction specialists can help you navigate the rehab process and life after treatments. Our case managers offer resources, guidance and support well beyond your time here.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">It should also be noted that in some cases, using FMLA leave may not be necessary. People with milder addictions may benefit from outpatient addiction treatment, with appointments scheduled around their work hours. While\u00a0<a href=\"\/treatment\/outpatient-rehab\/\">outpatient rehab<\/a>\u00a0is not suited for everyone, it can help some people keep their treatment separate from their work obligations.<\/p>\n\n\n\n\n\n<h3 class=\"wp-block-heading\">Choosing the Right Drug Rehab Facility<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">The Recovery Village at Baptist Health provides a full continuum of care and can customize programs to work with each client\u2019s specific needs. We can create flexible treatment plans that ensure that time spent away from work is kept to a minimum, as well as continue treatment before or after work hours.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">To learn more about how our individualized programs can work well for your needs,&nbsp;<a href=\"\/contact-us\/\">contact one of our helpful representatives<\/a>&nbsp;today. We\u2019re here to help you take the first step toward a happier, healthier drug-free future.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">FAQs<\/h2>\n\n\n\n<h3 class=\"wp-block-heading\">What is the Rehab Act of 1973?<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">This act was designed to prevent federally-funded employers from discriminating\u00a0based on disabilities, including addiction.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">What did the Rehab Act of 1973 do?<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">It allowed employees with disabilities to have certain accommodations and avoid\u00a0discrimination, such as loss of employment opportunities and benefits due to a\u00a0disability.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">What is the Americans With Disabilities Act?<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">The ADA broadened the scope of the Rehab Act of 1973, making it so employers\u00a0with more than 15 employees cannot discriminate based on disabilities.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Can you use FMLA for substance abuse?<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">While FMLA can be used to take time off for addiction treatment, it cannot be&nbsp;used to take time off to deal with the effects of current substance use.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>There are certain laws, such as the Americans with Disabilities Act, that allow employees to seek substance abuse treatment without fear of losing their employment. When someone is struggling with addiction, their substance use may begin interfering with their career. Studies show millions of Americans go to work under the influence; some even use drugs [&hellip;]<\/p>\n","protected":false},"author":3,"featured_media":11396,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false},"categories":[70],"tags":[57],"class_list":["post-655","blog","type-blog","status-publish","has-post-thumbnail","hentry","category-news","tag-rehab"],"acf":{"written_by":287,"enable_medically_and_up":["Yes"],"medically_reviewed_by":293,"medically_reviewed_content":"This article was reviewed by a medical professional to guarantee the delivery of accurate and up-to- date information. <a href=\"\/research\/\">View our research policy.<\/a>","up_to_date":"<i>Last Updated<\/i> - <b>8\/3\/2022<\/b>","page_first_published_date":"20220803","page_last_edit_date":"20220803","highlighted_description":"If you or a loved one is struggling with addiction, help is available. Speak with a Recovery Advocate by calling <a href=\"tel:8886480738\" > (561) 340-7269<\/a> now.","key_takeaways":"","source":{"source_label":"View Sources","source_content":"National Drug-Free Workplace Alliance. \u201c<a href=\"https:\/\/www.ndwa.org\/drug-free-workplace\/industry-statistics\/\" target=\"_blank\" rel=\"noopener\">Industry Statistics.<\/a>\u201d Accessed November 16, 2020.\r\n\r\nFrone, Michael. \u201c<a href=\"https:\/\/www.researchgate.net\/publication\/6950121_Prevalence_and_distribution_of_illicit_drug_use_in_the_workforce_and_in_the_workplace_Findings_and_implications_from_a_US_National_survey\" target=\"_blank\" rel=\"noopener\">Prevalence and distribution of illicit drug use in the workforce and in the workplace: Findings and implications from a U.S. National survey.<\/a>\u201d Journal of Applied Psychology, August 2006. Accessed November 16, 2020.\r\n\r\nFrone, Michael. \u201c<a href=\"https:\/\/pubmed.ncbi.nlm.nih.gov\/16536139\/#\" target=\"_blank\" rel=\"noopener\">Prevalence and distribution of alcohol use and impairment in the workplace: a U.S. national survey.<\/a>\u201d Journal of Studies on Alcohol, January 2006. Accessed November 16, 2020.\r\n\r\nSubstance Abuse and Mental Health Services Administration. \u201c<a href=\"https:\/\/www.samhsa.gov\/workplace\/legal\/federal-laws\" target=\"_blank\" rel=\"noopener\">Federal Laws and Regulations.<\/a>\u201d August 4, 2020. Accessed November 16, 2020.\r\n\r\nLegal Information Institute. \u201c<a href=\"https:\/\/www.law.cornell.edu\/cfr\/text\/29\/825.119\" target=\"_blank\" rel=\"noopener\">29 CFR \u00a7 825.119 \u2013 Leave for treatment of substance abuse.<\/a>\u201d Accessed November 16, 2020.\r\n\r\nU.S. Department of Health and Human Services. \u201c<a href=\"https:\/\/www.hhs.gov\/sites\/default\/files\/ocr\/civilrights\/resources\/factsheets\/504.pdf\" target=\"_blank\" rel=\"noopener\">What Is Section 504?<\/a>\u201d June 2006. Accessed November 16, 2020.\r\n\r\nMiller, Norman; et al. \u201c<a href=\"https:\/\/www.sciencedirect.com\/topics\/psychology\/rehabilitation-act\" target=\"_blank\" rel=\"noopener\">Rehabilitation Acts.<\/a>\u201d Principles of Addiction and the Law, 2010. Accessed November 16, 2020.\r\n\r\nUnited States Commission on Civil Rights. \u201c<a href=\"https:\/\/www.usccr.gov\/pubs\/ada\/ch4.htm\" target=\"_blank\" rel=\"noopener\">Chapter 4 Substance Abuse under the ADA.<\/a>\u201d Accessed November 16, 2020.\r\n\r\nU.S. Department of Labor. \u201c<a href=\"https:\/\/www.dol.gov\/agencies\/whd\/fact-sheets\/28-fmla\" target=\"_blank\" rel=\"noopener\">Fact Sheet #28: The Family and Medical Leave Act.<\/a>\u201d 2012. Accessed November 16, 2020."},"staff_member_heading":"Authorship","staff_member":[{"staff_member_title":"Editor","select_staff_member":287},{"staff_member_title":"Medical Reviewer","select_staff_member":293}],"insurance_label":""},"_links":{"self":[{"href":"https:\/\/www.floridarehab.com\/wp-json\/wp\/v2\/blog\/655","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.floridarehab.com\/wp-json\/wp\/v2\/blog"}],"about":[{"href":"https:\/\/www.floridarehab.com\/wp-json\/wp\/v2\/types\/blog"}],"author":[{"embeddable":true,"href":"https:\/\/www.floridarehab.com\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.floridarehab.com\/wp-json\/wp\/v2\/comments?post=655"}],"version-history":[{"count":0,"href":"https:\/\/www.floridarehab.com\/wp-json\/wp\/v2\/blog\/655\/revisions"}],"acf:post":[{"embeddable":true,"href":"https:\/\/www.floridarehab.com\/wp-json\/wp\/v2\/staff\/293"},{"embeddable":true,"href":"https:\/\/www.floridarehab.com\/wp-json\/wp\/v2\/staff\/287"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.floridarehab.com\/wp-json\/wp\/v2\/media\/11396"}],"wp:attachment":[{"href":"https:\/\/www.floridarehab.com\/wp-json\/wp\/v2\/media?parent=655"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.floridarehab.com\/wp-json\/wp\/v2\/categories?post=655"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.floridarehab.com\/wp-json\/wp\/v2\/tags?post=655"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}