GateHouse Treatment understands that when addiction hits close to home, it can be a complicated and overwhelming experience. However, don’t let the challenge of obtaining treatment or utilizing the Family Medical Leave Act (FMLA) prevent you from getting the help you need for a better quality of life free from active addiction and substance abuse.
FMLA offers those struggling with addiction essential solutions for taking time off work to receive treatment for substance abuse or mental health issues without losing the employment they’ve worked hard to establish.
With the proper awareness and resources, everyone impacted by addiction, including persons with substance and alcohol use disorder and their families, parents, and partners alike, can make the most out of the Family Medical Leave Act and take time off for medical care without experiencing job loss or retaliation.
The following is the first in a series of blogs designed to inform and educate those facing addiction treatment who want to know more about FMLA’s benefits. We’ll begin with the basics.
Awareness: The Importance of FMLA for Individuals and Families Seeking Addiction Treatment
The Family and Medical Leave Act is a crucial legal protection for individuals and families needing addiction treatment. By understanding their rights under FMLA, covered individuals and families can feel empowered to seek the help they need without fear of employment consequences or discrimination upon return to work.
Awareness of FMLA can make all the difference in ensuring that access to addiction treatment is available to those who need it most, removing barriers to suitable treatment for substance abuse disorders and other conditions that result in substance use, relapse, and chemical addiction.
Purpose: How FMLA Aids Patients in Maintaining Employment
The purpose of FMLA is to support employees or their covered members who require necessary medical treatment while still maintaining their employment. This Act ensures that employees can take time off to recover for up to 12 weeks of unpaid leave, which employees can use for various medical conditions that qualify under the Act.
The entire FMLA process benefits not just the employees but their employers as well. By allowing patients to seek treatment without fear of losing their jobs, the FMLA promotes a healthy work-life balance and improves productivity for better business and personal outcomes.
In short, the Family and Medical Leave Act provides a crucial safety net for individuals who face complex medical challenges without fearing retaliation or job loss because of their medical needs that require a temporary leave from employment.
A General Overview of FMLA
The acronym FMLA stands for the Family and Medical Leave Act, a federal law allowing eligible employees to take job-protected leaves. Under the Act, enacted in 1993, those utilizing FMLA for themselves or a family member continue to receive their health insurance coverage under identical conditions and terms of employment as though they have never taken leave.
FMLA is an essential resource for qualifying employees and helps to ensure that individuals can balance their work and family responsibilities without fear of negative consequences.
Eligibility Criteria.
You can utilize FMLA leave for your child, spouse, parent, or yourself if you or they have a severe health condition. The following FMLA employment criteria make you eligible:
- Currently working for a covered employer
- Having worked for this covered employer for 12 months
- Having worked at least 1250 hours for your employer over 12 months before requesting your leave
- Your employer employs at least 50 individuals within 75 miles of your worksite
- Airline crew employees have different service hour requirements, as the United States Department of Labor describes.
Unfortunately, private employers with less than 50 employees do not receive protection under the FMLA but may have other options in their state. All government agencies, including federal, state, and local employers and elementary and secondary schools, are protected by FMLA, regardless of the number of employees in their company.
According to the Wage and Hour Division of the U.S. Department of Labor, eligible employees can receive FMLA protection due to serious health-related circumstances, including:
- Childbirth and caring for a newborn child within their first year
- Child adoption, foster care changes, or having a newly placed child in the household within the first year of placement
- Caring for the employee’s spouse, child, or parent with a severe medical condition
- A severe health condition hinders the employee from performing essential employment functions
- Caring for their child, spouse, or parent while a covered military member is on active duty
- Twenty-six work weeks to care for a covered service member with a severe medical illness or injury if the eligible employee is the member’s child, parent, next of kin, or spouse
These criteria must be met to take an FMLA-protected leave, as not all employers approve all FMLA requests. An FMLA leave must be approved to afford employee protection.
Overview: Rights and Protections Under FMLA
The Family and Medical Leave Act protects many established employees for various reasons, including caring for family members with a severe health condition or their own.
If an employee utilizes their FMLA right, their employer must continue providing health insurance despite their FMLA leave. However, the employee must still pay standard employee contributions. Additionally, upon the employee’s return, they must be placed in the same or nearly identical position before exhausting the FMLA leave time. Hence, employees struggling with serious emergencies can take protected time off under FMLA to access treatment without additional job stress if they meet FMLA approval.
Additionally, employers are mandated to protect the confidentiality of employees and their medical files. The FMLA provides essential rights and protections for employees, including those struggling with addiction, to balance their work and personal life without fear of losing employment.
GateHouse Treatment and the FMLA: More to Come
Gatehouse Treatment works with clients to ensure their FMLA documentation is in order and meets compliance requirements. Doing so helps our clients prioritize their healing without worrying about the logistics of taking a leave from work. Through collaboration, patients can achieve more successful outcomes in addiction recovery.
Future installments of this series will include looks at FMLA and Substance Abuse Treatment, how GateHouse Treatment can help with the application process, local resources, FAQs, and more. Whether you need assistance deciphering the FMLA process or require additional resources regarding addiction, our team is here to help! Contact GateHouse Treatment today by calling us at 855-448-3588 or visiting our contact page and letting us know how we can help.
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