Are there any laws protecting youremployment with a company if you admit yourself to rehab?

UPDATED: Jan 20, 2011

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Are there any laws protecting youremployment with a company if you admit yourself to rehab?

Asked on January 20, 2011 under Employment Labor Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

No, there are no laws generally protecting your right to your job if you admit yourself to rehab. The best you can do would be:

1) If you use FMLA leave (assuming your company is covered--e.g. 50 or more people) for the rehab, you can't be fired for using the FMLA leave itself--though it's possible you may be fired for the underlying drug or alcohal use if you are an employee at will (no contract protecting you).

2) If your condition is such that the medical profession would consider it a "disability," it may be that you would be protected by the laws preventing discrimination against the disabled.

You should consult with an employment law attorney before doing anything, to better understand your rights in your specific case.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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