A lot of people who suffer from substance abuse don’t want to seek professional help for fear of losing their job or won’t be able to get a promotion. After entering rehab or taking outpatient treatment, it will be almost impossible to hide the fact of your addiction, which unfortunately may create problems. But the truth is that the chances of losing your job and career opportunities are much higher without receiving treatment. It’s also important to understand that your decision to go to alcohol or drug rehab will be protected by laws and acts that help you keep your job. Here, we will review the legal base and strategies that help you reinstate your job after rehabilitation.
Legal Rights and Protections for Working in Recovery
Two main laws protect employees with substance abuse problems. Also, the particular company could have a drug-free policy.
- The Americans with Disabilities Act (Ada) offers protection for employees who suffer from alcoholism and prevents discrimination. Regarding the Ada, people who have been diagnosed as alcoholics and who performed well cannot be fired. Also, they could ask for reasonable accommodation, typically unpaid time off for attending treatment, or reorganize their working schedule to allow them to participate in a treatment program. However, employers could refuse to provide paid-off leave if treatment has failed in the past several times.
By contrast, people who are using illegal drugs are usually not protected under the ADA. But this act protects those completing or participating in supervised treatment programs.
- The Family and Medical Leave Act (FMLA) allows employees to take unpaid job-protected leave for up to twelve weeks per year to stay in treatment. It could be taken only following the instructions of a healthcare provider. Put simply, an employee cannot take FMLA leave just because he or she is struggling with alcoholism and is unable to come to work. FMLA could also be taken to take care of a covered family member who is passing on substance abuse treatment. Employees under FMLA can’t be fired for going to rehab.
- Company Drug-Free Policies. Many companies have a formally written plan of how drug use has been prevented in the workplace. Often they also have a “last chance” agreement in case drug-free norms have been broken. It’s an opportunity for the employee to rectify misconduct through making drug tests, taking part in addiction treatment programs, and refraining from further substance use. While an employee sticks to all points of agreement, he or she cannot be fired.
Workplace Policies That May Affect Reinstatement
Returning to work after finishing rehab depends on a few factors, especially company policy toward people in addiction recovery and the specifics of your job.
Return-to-Work Agreement (RTWA)
If you had a leave from work to take treatment, your employer may ask you to sign RTWA. It’s a legal contract and can be different based on the situation, but in general, the agreement will outline the terms of your return and the consequences if you do not live up to the terms of the agreement. RTWA may require you to take scheduled appointments, random drug or alcohol screening, or performance reviews. Failure to comply will normally result in immediate termination. Even though RTWAs could be restrictive, they help a person in recovery stay accountable and keep you motivated to move forward to long-term sobriety.
Zero-Tolerance vs. Supportive Workplaces
Some companies may follow a zero-tolerance policy—a strict approach that does not tolerate any kind of violation or misconduct, including drug or alcohol abuse. In such companies, there is a strict bottom line, which crossing leads to dismissal. For a person with SUD (substance use disorder), it may be the first accident with drugs or alcohol in the workplace, changing them back to work after rehab or firing after the first relapse. On the other hand, a lot of companies that hire recovering addicts and offer a recovery-supportive workplace. Here, managers are instructed to understand the issues of working with people with SUD and reduce the stigma around it. At the same time, a company has to care about the working process and interests of other employees. Often they established Employee Assistance Programs (EAPs) — a set of free work-based programs to help people with personal problems, including substance abuse. It could include early intervention, training sessions, working schedule reorganizing, etc. The majority of companies are balanced somewhere in between those two pics, and it’s important to clarify your corporate policy before entering rehab.
Safety-Sensitive Positions
A person’s performance in such positions greatly impacts the safety of others. Examples of safety-sensitive positions are pilots, teachers, truck drivers, doctors, nurses, operators of heavy equipment, and construction workers. Regular drug and alcohol testing is mandatory for such professions. Because any form of impairment in these positions can have serious consequences, companies may impose strict conditions for employees of returning to work after addiction treatment. They have to be thoroughly evaluated to confirm they are ready to work. Some particular industries, like healthcare or transportation, may have specific regulations for employees in recovery. For example, commercial drivers must complete a substance abuse program and receive a clearance before going back to work.
Steps to Reclaim Your Position
How to get your job back after rehab? It could be challenging and stressful, but it’s a perfect chance to focus on work and distract yourself from unhealthy thoughts that will occur in your mind when you return to normal life after rehab. So do your best to reclaim your position if it’s possible.
During Rehabilitation
- Can you work while in rehab? Unlikely that you could manage this. Instead, you can communicate with your employer during rehabilitation. In case personal communication is uncomfortable for you, use email or messengers. It can be hard to talk about your struggles, but it’s better to be open so your team can help you if necessary. If you feel uncomfortable sharing personal details, speak with the HR manager about privacy protection to prevent your healthcare information from being disclosed.
- Maintain professional relationships. Try to stay in touch with your colleagues when it’s appropriate. It will keep you informed about what happens at your workplace and show your commitment to return.
Post-Rehabilitation
- Schedule a return-to-work meeting to discuss reinstatement. It’s a chance to talk about your current state of health and the specific accommodations you need for recovery. Talk about opportunities for an Employee Assistance Program if your company offers it. Also, it’s a chance for your employer to ask you additional questions and to understand if you can reaffirm your commitment to your recovery and your job.
- Prepare documentation from the medical or rehab center. Typical documents you may need are medical clearance, a completion certificate from rehab, and recommendations from the treatment center.
- Communicate effectively. Be transparent about your recovery efforts and what you have learned in rehab. Tell about plans you have made for the future and how your life has changed. Show your readiness to go back to work and ask about the current situation and possible changes in your position.
- Meet requirements before going back to work. If you have signed RTWA or participate in EAP, be ready to meet some rules to confirm that you are ready to return to work.
Typical Return-to-work Requirements
- Completion of treatment.
- Medical clearance.
- Random drug testing.
- Regular performance reviews.
- Attendance in support programs.
- Compliance with workplace policies.
- Employee assistance program (EAP) involvement.
How to Improve Your Chances of Getting Your Job Back
Many employers apprehend reinstating a person after substance abuse treatment because of the risk of relapse and the social stigma around SUD. But you can act proactively and increase your chances of returning to work.
Show Commitment to Recovery
Employers are often more willing to consider a person’s reinstating if they see sights of progress. Of course, it doesn’t mean that you have to share all personal details of your treatment, but sharing a confirming letter from your therapist, progress report, or certificate about rehab compilation will demonstrate your accountability.
Offer Solutions for a Smooth Transition
If you were absent for an extended period, getting back to work at one moment can be difficult. You can propose solutions that make your reintegration smoother. For example, a flexible work schedule or phased reentry can be achieved when you start from part-time involvement and gradually turn back to a full working day. It will leave space for therapy appointments and won’t overwhelm you.
Stay Accountable
Your long-term participation in support groups, recovery programs, and aftercare therapy demonstrates your commitment to staying sober. Your employer is more likely to believe in your willingness to change by seeing your actions than just hearing promises.
Rebuild Trust with Colleagues
Your colleagues may have concerns if you are still reliable and stable. Consistency in actions is key to rebuilding trust that probably was affected by past substance abuse. Meet deadlines, do your job well, and act respectfully with colleagues. These everyday small steps help rebuild trust with time.
Maintain Work-Life Balance
Don’t take any work home when your working day is over. If you can’t disconnect from your working duties and what happened at the office, you risk being stressed, overwhelmed and burned out with time. At some point, it can trigger you to take substances just to relax and increase the tension. Find ways to spend time with joy when you are not at work and have a quality rest.
Common Challenges of Finding Employment in Recovery and Solutions
Unfortunately, it is not uncommon for people in recovery to face different challenges when it comes to finding stable employment after finishing rehab.
- Workplace stigma. Your employment could be protected by law, but stigma around substance abuse can also influence your hiring and work performance. It could be conscious beliefs or even subconscious feelings—social stigma around recovery could prevent people in recovery from getting a fair chance for employment. It’s a serious social problem, and it could be solved by increasing awareness about SUD among people.
- Performance expectations. It can be tough to perform after rehabilitation just like you did before, especially if you were away for an extended period. Now you have to balance between work and recovery, dedicate a lot of time to your aftercare treatment, deal with triggers, and reorganize your life. It takes a lot of time and effort. Moreover, you can be distracted or suffer from mood swings. The key here is honesty and transparency with your employer, a clear understanding of your needs, and planning how to integrate yourself into the work process gradually.
- Relapse prevention. Going back to work is always an additional stress that can trigger you to substance use. To avoid it, you should consider your recovery as a top priority, at least in the early stages. Include triggering situations at work in your relapse prevention plan. Later, you would adjust to the working process and could build your aftercare program around the job.
Common Challenges in Recovery and Coping Strategies
Common Challenge | Coping Strategy |
The stigma surrounding alcohol and drug addiction and rehab | Educate others kindly. Seek support from HR or Employee Assistance Programs (EAP) |
Unrealistic performance expectations | Discuss a phased return or part-time job, and request modifications in the work schedule if possible. Explain your needs. Explore FMLA and ADA protections. |
Relapse triggers at work | Identify high-risk situations (work events with alcohol, conflict situations) and prepare exit plans. Set boundaries around work hours to prevent burnout. Seek work-life balance. |
What to Do If Your Job Isn’t Reinstated
Can a job fire you for going to rehab? Unfortunately, you can lose your job while on treatment, but you can seek help if your determination seems unlawful. For example, if your medical leave was under the Family and Medical Leave Act (FMLA) or you have a return to work agreement after rehab. In that case, your employer is nearly always obliged to restore you to your previous role. What you can do is consult with an employment lawyer or organization like the Americans with Disabilities Act National Network. The lawyer professional helps to understand your rights, navigate through company policy, and understand if there are signs of discrimination. If re-entering in a previous position is impossible, explore new job opportunities. Leverage professional networks using not only your previous contacts but also people you meet during treatment, job placement services offered by rehab, and specific resources created for people in recovery to re-enter the job and meet potential employers.
Resources for Job Search After Rehab
- State vocational rehabilitation services. Offer career counseling and training programs, job referrals, resume assistance, and other transition support services for people in recovery.
- Recovery-friendly workplaces. Some companies, especially those with Employee Assistance Programs (EAPs), openly support hiring people in recovery.
- Nonprofit organizations. Groups like America in Recovery and The Doe Fund help people with a history of substance use disorders find employment.
Finding a Job After Rehab is Possible
Returning to work after rehab can be scary and stressful. It’s not always easy just to get back to usual everyday life. But remember that you are not alone. Your rights for the job are protected by law, and only you will decide what facts of your recovery journey to highlight. In case you face discrimination or other obstacles in finding a job in recovery, you can collect evidence and defend your rights in court. To find out more about career opportunities in rehabilitation, contact a recovery expert near you.