Imagine sitting at your desk, heart pounding as you weigh the need to get real help for substance use against the fear of losing your livelihood. You’re not alone in feeling torn. Asking for time off when you need support can seem like an impossible leap. But taking that brave first step doesn’t have to put your job at risk; in fact, there are protections and flexible options designed to help you put your health first while keeping your future open. Here’s what to know before asking for time off for treatment.
What to know before asking for time off for treatment
Before asking for time off for treatment, it helps to understand how workplace protections actually work. Many people delay getting help because they assume they’ll have to choose between their health and their job. In reality, there are laws designed to prevent that exact situation.
Knowing what to expect ahead of time can make the process feel less overwhelming and give you more confidence when starting the conversation with your employer. This section breaks down what to know before asking for time off for treatment, starting with how your job may be protected while you focus on recovery.
Job protection
When you’re thinking about getting help, one of the biggest worries is often about your job. It’s completely normal to feel that way. The good news is that you have rights, and federal laws are in place to protect your employment when you need to take time off for medical care. This means you can focus on your health without the added stress of potentially losing your job.
The two main laws that protect you are the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). Under these laws, seeking treatment for a substance use disorder is considered a “serious health condition.” This is a key point because it gives you the right to take protected leave. You are not asking for a special favor; you are using a right that is legally protected. These laws prevent discrimination and ensure that your employer can’t treat you unfairly for prioritizing your well-being. Understanding how treatment programs qualify as a serious health condition can give you confidence in your request.
Leave under the Federal Family and Medical Leave Act
The Family and Medical Leave Act, or FMLA, is a federal law that provides critical job protection. If you are eligible, you can take up to 12 weeks of unpaid leave during a 12-month period to handle a serious health condition, which includes treatment for substance use. While the leave is unpaid, the most important part is that your job and your health benefits are protected. Your employer must continue your health insurance coverage as if you were still working.
To be eligible for FMLA, you need to meet a few specific requirements:
- You must have worked for your employer for at least 12 months.
- You must have worked at least 1,250 hours during the 12 months before your leave begins.
- Your employer must have 50 or more employees within a 75-mile radius of your worksite.
This leave can be used for different types of care, including inpatient or outpatient treatment programs. It’s designed to give you the time you need to get better. The typical timelines for treatment programs often fit well within the 12 weeks of leave FMLA provides, making it a practical option for recovery.
Leave as a Reasonable Accommodation Under the Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) offers another layer of protection. The ADA protects individuals in recovery from a substance use disorder by classifying it as a disability. This means that if you have a history of substance use and are no longer using illegally, your employer cannot discriminate against you. Taking time off for treatment can be considered a “reasonable accommodation” under the ADA, which is a modification to your job or work environment that allows you to perform your duties.
It’s important to know that the ADA does not protect an employee who is currently using illegal drugs. The protections apply to those who are in recovery and seeking treatment to maintain their health. This law ensures you have a fair chance to get the help you need without facing workplace discrimination because of your past.
Protections against discrimination
It is illegal for your employer to discriminate or retaliate against you for requesting or taking FMLA leave. This means they cannot fire you, demote you, or cut your pay for taking time off to go to treatment. These protections also cover more subtle forms of retaliation.
For example, when you return to work, your employer can’t assign you to a less desirable shift or change your job duties in a negative way as a punishment for taking leave. Your employment rights are protected throughout the entire process, from the moment you request until you return to your job.
How to prepare for a conversation with your boss
Approaching your boss or HR about needing time off can feel daunting, but a little preparation can make the conversation go much more smoothly. Start by reviewing your company’s employee handbook. It will likely have a section on medical leave that explains the specific procedures you need to follow. Understanding your company’s policies ahead of time shows that you are being professional and responsible.
Next, you’ll need to get documentation from a health care provider. This is usually a simple form that confirms you have a serious health condition that requires you to be away from work. Your doctor or a treatment center can provide this for you. Having this paperwork ready will make the process more straightforward. When you do have the conversation, aim for a calm and professional tone. Remember, this is a health issue, and you are taking a responsible step. Preparing for the admissions process for treatment can help you feel more organized and in control of the situation.
When to let your employer know you might need FMLA leave
Timing is important when you request FMLA leave. If your need for leave is foreseeable, like when you’ve planned to enter a treatment program on a specific date, you are required to give your employer at least 30 days’ advance notice. This gives them time to arrange for coverage while you are away and helps maintain a good working relationship.
Of course, sometimes the need for treatment is urgent and not foreseeable. In these cases, the law says you should notify your employer as soon as it is practical. This could mean telling them the same day you realize you need to take leave or the next business day. The key is to communicate openly and follow the proper procedure as soon as you are able.
Talking to your employer about FMLA leave
When you talk to your employer, you don’t need to go into a lot of detail. You can be direct and professional without sharing private information. A simple script can help you feel more prepared. Here are a few points you could use to guide the conversation:
- Start by stating your request clearly: “I need to request medical leave for a serious health condition.”
- Provide the timing: “I expect my leave to begin on [Date] and last for approximately [Number of Weeks].”
- Mention the paperwork: “I can provide a medical certification from my health care provider to support my request.”
- Reassure them of your commitment: “I will do my best to ensure a smooth transition before I go.”
The goal is to provide enough information for your employer to understand it’s an FMLA-qualifying request while protecting your privacy. Keep the conversation focused on the logistics of the leave, not the specifics of your health.
Things you don’t have to tell your employer
You have a right to privacy when it comes to your health. It is very important to remember that you do not have to tell your employer your specific diagnosis. You are not required to say the words “substance use disorder” or “addiction.” Your employer’s responsibility is to know that you have a “serious health condition” that makes you unable to work, and that’s all.
The medical certification from your doctor or treatment provider will give your employer the necessary information without disclosing your private health details. This form confirms that your condition is legitimate and qualifies for FMLA leave. Your health information is confidential, and these laws are designed to protect your privacy and your rights.
How much will I get paid?
It’s one of the first questions on anyone’s mind: “How will I pay my bills if I take time off?” It’s important to know that FMLA leave is unpaid. This is a critical piece of information for planning, as you’ll need to figure out how to manage your finances while you’re focusing on your health. However, just because the leave is unpaid doesn’t mean you won’t have any income. Many people use their accrued paid time off (PTO), vacation days, or sick leave to cover some or all of their time away.
Some states have paid family leave laws that might offer partial wage replacement. For example, some state laws allow you to take up to 12 weeks of Paid Family Leave at 67 percent of your pay, up to a cap. You should also check if your employer offers a short-term disability insurance policy, which could provide income while you are in treatment. Thinking about the financial aspects of rehab ahead of time can help you create a solid plan.
Paid leave provided by your employer
Many companies have policies that require employees to use their accrued paid leave while on FMLA leave. This means your FMLA leave and your paid time off would run at the same time. For example, if you have two weeks of vacation time saved up, you might be required to use it during the first two weeks of your FMLA leave. This can be a good thing, as it provides you with income for part of your time off.
To understand exactly how this works at your job, check your employee handbook or talk to someone in your HR department. They can explain your company’s specific policy on using PTO, sick time, or vacation days concurrently with FMLA leave. This will help you plan your finances more accurately.
Leave under state family and medical leave or temporary disability laws
While the FMLA is a federal law, some states have their own family and medical leave laws that can offer additional benefits. It’s important to check the laws in your specific state. As of now, Indiana does not have a state-mandated paid family leave program. This means you will likely need to rely on your employer’s policies or other options for income.
Another avenue to explore is private short-term disability insurance. If your employer offers this as part of your benefits package, it may provide partial income replacement while you are unable to work due to a medical condition. This can be a valuable financial resource, so it’s worth looking into your benefits to see if it’s an option for you.
Frequently asked questions
Medical leave is a period of time an employee takes off from work to manage a serious health condition, either for themselves or a close family member. It’s different from using a few sick days because it often covers longer, more serious situations, such as needing inpatient treatment or recovering from surgery.
The most common type of protected medical leave is granted under the Family and Medical Leave Act (FMLA). This federal law provides eligible employees with job protection and continued health benefits for up to 12 weeks of unpaid leave.
A “serious health condition” is a specific term used by the FMLA to describe an illness, injury, or condition that requires either inpatient care or ongoing treatment from a health care provider. It’s more than a common cold; it typically involves a period where you’re unable to work.
Examples include an overnight stay in a hospital, a condition requiring more than three consecutive days of absence with follow-up care, or chronic conditions needing regular treatment. Seeking care for a substance use disorder at a facility qualifies under this definition.
Under the federal Family and Medical Leave Act (FMLA), eligible employees can take up to 12 weeks of job-protected leave within 12 months. This time can be used all at once for continuous treatment or intermittently in smaller blocks if medically necessary.
Keep in mind that this is the federal minimum requirement. Some state laws or individual employer policies may offer additional time. Your company’s HR department can give you the specific details that apply to your job.
Yes, your employer is legally required to keep your medical information confidential. Laws like the Americans with Disabilities Act (ADA) and the FMLA have strict privacy rules. Any medical records or documentation you provide must be stored securely and kept in a separate file from your main personnel records.
Managers and supervisors should only be told what they need to know about work restrictions or accommodations, not your specific diagnosis. Protecting your private health information is one of your fundamental rights as an employee.
Family care leave allows you to take time off work to care for an immediate family member who has a serious health condition. The Family and Medical Leave Act (FMLA) gives you the right to take time off not only for your own health but also to support a loved one in need.
Under the FMLA, eligible family members generally include a spouse, child, or parent. Whether it’s helping a parent recover from surgery or supporting a child during medical treatment, the same job protections apply as if you were taking the leave for yourself.
Everything you need to know before asking for time off for treatment
Taking the step to ask for time off for treatment is an act of courage and a powerful investment in your future. Remember that you have legal protections through the FMLA and ADA, and there is a clear, professional process for requesting the leave you need. Most importantly, effective and flexible treatment options exist that can fit your life, even if inpatient care isn’t possible. You don’t have to choose between your health and your job.
At Red Ribbon Recovery Indiana, we are deeply committed to providing compassionate, accessible care that works for you. Change is possible, and you don’t have to do this alone. If you’re ready to explore what to know before asking for time off for treatment, the first step is a simple, confidential conversation. Call us at (317) 707-9848 or contact us to learn how we can support you.
Sources
- Substance Abuse and Mental Health Services Administration. (September 26, 2025). Managing Life with Co-Occurring Disorders. SAMHSA.
- National Center for Biotechnology Information. (January 1, 2006). Chapter 8. Intensive Outpatient Treatment Approaches. U.S. National Library of Medicine.
- Substance Abuse and Mental Health Services Administration. Client’s Handbook: Matrix Intensive Outpatient Treatment for People …. SAMHSA.
- National Association of Addiction Treatment Providers. Addiction Treatment Methods | Evidence-Based Practices. NAATP.
- North Carolina State University. (May 28, 2019). The Message That Addiction Is a Disease Makes Substance Users …. NC State News.
- Substance Abuse and Mental Health Services Administration. USING MOTIVATIONAL INTERVIEWING IN – Advisory 35. SAMHSA.
