No, you generally cannot be fired simply for seeking addiction treatment, especially if you work for a covered employer and meet eligibility requirements under federal laws like the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA).

These protections exist to help you maintain your employment while addressing substance use disorders through professional care.

Understanding Your Legal Protections

ADA Protections for Addiction Treatment

The Americans with Disabilities Act offers protection when your substance use disorder qualifies as a disability or when you’re participating in or have completed a supervised rehabilitation program. While the ADA generally doesn’t protect current illegal drug use, it can cover you when you’re in recovery or receiving treatment for alcohol or drug addiction.

If you work for an employer with 15 or more employees, you may request reasonable accommodations such as modified schedules, temporary leave, reassignment to vacant positions, or other adjustments that allow you to perform essential job functions. Your employer must keep any medical information you provide confidential and cannot discriminate against you for seeking help through residential treatment in Los Angeles or other recovery services.

FMLA Leave Entitlements

The Family and Medical Leave Act provides eligible employees up to 12 workweeks of unpaid, job-protected leave in a 12-month period for serious health conditions, including inpatient treatment or continuing outpatient care for substance use disorders.

To qualify for FMLA protection, you must:

• Have worked for your employer for at least 12 months
• Have logged at least 1,250 hours of service in the prior 12 months
• Work for an employer with 50 or more employees within 75 miles

Your employer may require medical certification supporting your need for rehab and must maintain your group health benefits during FMLA leave on the same terms as if you were working. Employers can designate leave as FMLA-covered and may require or allow substitution of accrued paid leave under their policies.

How State Laws and Employer Size Affect Your Rights

Many states and localities offer protections that go beyond federal requirements. You might find paid family and medical leave programs, broader definitions of disability, or lower employer-size thresholds for coverage depending on where you live or work.

Even if your employer has fewer than the federal thresholds for ADA or FMLA coverage, you may still have protections under state nondiscrimination or leave laws. Checking the specific protections that apply in your jurisdiction clarifies your options for leave and accommodations when federal protections aren’t available.

Navigating Employer Policies and Paid Time Off

Your employer’s handbook and any collective bargaining agreements set specific procedures for requesting leave, using paid time off, and reporting for work. Under federal FMLA rules, your employer may require or allow you to use accrued paid leave—such as PTO or sick time—to cover FMLA-qualifying absences.

Understanding how your employer’s policy and state laws interact helps you plan for pay during treatment. Consistent application of policies matters because discipline or termination that appears retaliatory or discriminatory could violate ADA or FMLA protections. Before starting detox treatment in Los Angeles or other care programs, review your employee handbook carefully and document all communications with HR.

Protecting Your Privacy and Medical Records

Your medical records and clinical details remain private under federal law. The Health Insurance Portability and Accountability Act (HIPAA) protects health information held by covered health care entities and health plans, while employer-held medical information provided under ADA or FMLA must be kept confidential and stored separately from your personnel files.

Your employer may require medical certification or fitness-for-duty documentation, but they shouldn’t request unnecessary details about your diagnosis beyond what’s relevant to the leave or accommodation. Employers typically need your authorization before discussing treatment details directly with clinicians, except as allowed for verification processes. Any medical information shared with supervisors should be limited to functional restrictions and necessary work-related information.

Treatment Provider Requirements and Your Choices

If your employer or its insurer is paying for treatment through a specific benefit plan, they may set conditions on which providers are covered. When you pay privately for treatment, employers generally cannot force you to use a specific facility.

For FMLA purposes, medical certification from your treating health care provider is usually sufficient. If your employer has a legitimate reason to doubt your certification, they may seek a second opinion at the employer’s expense. In workplace safety or workers’ compensation contexts, employers may have additional authority to require certain providers or evaluations. Clarity about who’s paying and what your employer’s policies say helps you avoid surprises.

Timing Your Notice and Preserving Protections

Providing timely notice of planned treatment helps preserve your legal protections and allows your employer to manage staffing and leave logistics. For foreseeable treatment, you should provide as much notice as practicable—typically 30 days when treatment dates are known.

For unforeseeable treatment, notify your employer as soon as possible, generally within one to two business days. Failure to follow notice requirements can affect your employer’s ability to designate leave as protected and may impact your job protections. Keep copies of all requests and medical certifications to document your communications.

Addressing Performance Problems and Discipline

Your employer may discipline or terminate you for legitimate performance or conduct issues that predate your disclosure of a disability or request for leave, provided the employer’s actions are nondiscriminatory and consistent with policy. The ADA doesn’t excuse misconduct or performance problems, but it may require reasonable accommodations that address performance issues stemming from a disability.

If you believe discipline is actually retaliation for seeking treatment, document timelines and communications. You may want to consult HR, a union representative, or legal counsel to determine whether your rights were violated.

Remote Work, Gig Work, and Contractor Status

Whether protections apply often turns on your employment status and employer size rather than where you perform work. Independent contractors and many gig workers aren’t employees and thus generally aren’t covered by the ADA or FMLA, though some state laws or company policies may offer protections.

Remote employees can be covered if they otherwise meet eligibility criteria and are employed by a covered employer. Reviewing your employment classification, contracts, and applicable state law clarifies which protections apply to your situation.

Union Contracts and Collective Bargaining

Collective bargaining agreements commonly include rules on leave, seniority, job protection, and grievance procedures that can provide additional safeguards or specific processes for requesting time off and accommodations. Union representation can assist with filing grievances, interpreting contract language, and negotiating accommodations.

Consulting your union representative or the contract text is often a practical first step for unionized workers seeking holistic rehabilitation treatment in California.

Background Checks and Employment Verification

Seeking addiction treatment generally doesn’t create a flag on standard criminal background checks or automated employment verification systems, and your medical records aren’t part of routine background checks. Employment gaps can appear in verification results, and references may share employment dates or reason for termination when lawful.

Your employer shouldn’t disclose private medical details without authorization. If confidentiality is a priority, discuss limited disclosure options with your treatment provider and HR, and request that medical records remain restricted.

Practical Steps to Protect Your Job and Health

Start by reviewing your employer’s handbook, any applicable collective bargaining agreement, and state leave laws to understand your options. Confirm your FMLA and ADA eligibility, obtain any required medical certification from your treating clinician, and provide written notice to HR that documents your need for leave or accommodations.

Keep copies of all communications, ask about substitution of paid leave if needed, and request confidentiality in writing. If you face denial, discipline, or retaliation, consider internal appeals, contacting the Department of Labor, your state labor agency, a union representative, or an employment attorney for guidance.

Getting clinical guidance from a licensed provider can help document medical necessity and support workplace communications while you focus on care. Regardless of your treatment choice, understanding your rights and maintaining open communication with your employer can help ensure job protections remain in place during your recovery journey.

Frequently Asked Questions

Can my employer require me to use paid time off (PTO) while on FMLA leave?

Yes, your employer may require or allow the substitution of accrued paid leave such as PTO, vacation, or sick time to cover FMLA-qualifying absences under federal rules. Some state laws may impose different requirements. Check your employer’s leave policy and any state laws that may be more protective, and ask HR for written clarification if it’s unclear.

If my FMLA request is denied, what steps can I take?

Ask for a written explanation for the denial and provide any additional medical documentation that supports your need for leave. You can appeal internally through HR, submit clarified or supplemental medical certification, contact the U.S. Department of Labor Wage and Hour Division to lodge a complaint, or consult an employment attorney or your state labor agency to evaluate legal options.

Are small employers exempt from FMLA and ADA protections?

Federal FMLA coverage generally applies to employers with 50 or more employees within a 75-mile radius, and the ADA generally applies to employers with 15 or more employees. Smaller employers may still be subject to state or local nondiscrimination and leave laws that provide protections, so check local rules and consult an employment lawyer for specific circumstances.

Does seeking rehab appear on background checks or employment verification?

Medical treatment for addiction isn’t part of typical criminal background checks or routine employment verifications, and health records are private. Employment verification can show dates of employment and sometimes reason for separation if a former employer discloses it, but they shouldn’t share medical details without authorization. Gaps in employment may be visible, so plan how to explain those gaps if needed.

Can an employer require a specific treatment provider or deny leave if I choose a private facility?

If your employer or insurer is funding treatment through a specific benefit plan, they may require use of network providers. If you’re paying privately, employers generally cannot force a specific provider. For leave eligibility, employers usually accept medical certification from a treating provider, though they may request a second opinion at the employer’s expense if the certification is in doubt.

How soon should I notify my employer before starting treatment to preserve protections?

Provide notice as early as reasonably possible. When treatment is foreseeable, aim to give around 30 days’ notice when practical. For unforeseeable treatment, notify your employer within one to two business days. Timely, documented notice helps preserve leave protections and supports reasonable accommodation requests.

Will my healthcare information be protected if my employer contacts my clinician?

Employers should obtain your authorization before contacting your clinician for detailed information, and medical records provided to an employer under ADA or FMLA processes must be kept confidential and stored separately from personnel files. HIPAA protects health information held by covered health care entities and plans, but not employers directly, so be mindful of authorization forms and what’s being shared.

Can I be disciplined for poor performance that started before I told my employer I was seeking treatment?

Yes, employers can discipline employees for legitimate, nondiscriminatory performance or conduct issues that predate requests for treatment or leave. However, if poor performance is related to a disability, the ADA may require reasonable accommodations, and discipline that’s actually retaliation for seeking treatment may violate the law. Document timelines and consider discussing accommodation options with HR.

Does remote or gig work change whether I qualify for FMLA or ADA protections?

Coverage depends on employment classification and employer size rather than location of work. Independent contractors and many gig workers aren’t covered by FMLA or ADA, but remote employees can be covered if they meet eligibility criteria and work for a covered employer. Review employment contracts and applicable state law to clarify coverage.

How do union contracts typically affect leave and accommodation rights for treatment?

Union contracts can provide additional rights and specific procedures for leave, seniority protection, and grievances that may improve job protection during treatment. Union representatives can help interpret contract language, assist with filing grievances, and negotiate accommodations or return-to-work terms.

---

Get Guidance on Leave and Treatment Options

Making the decision to seek treatment takes courage, and worrying about your job security shouldn’t stand in the way of getting the help you deserve.

If you or someone you love is considering addiction treatment and has questions about protecting employment rights, know that compassionate support is available. Our team understands the fears and uncertainty that come with taking this step, and we’re here to walk alongside you through every part of the process—from understanding your workplace protections to coordinating care that fits your individual needs. Reach out to us today to speak with someone who can provide confidential guidance about addiction treatment options in Los Angeles, help verify your insurance coverage, and answer any questions you have about balancing your recovery journey with your career.

You deserve both healing and peace of mind.