Work and treatment
The Family and Medical Leave Act
The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons — including alcohol and drug addiction treatment and detox.
About this guide
FMLA and treatment
Worry about losing a job keeps many people from starting treatment. The Family and Medical Leave Act exists for exactly this situation: eligible employees of covered employers can take unpaid leave for serious health conditions — with their job and their group health coverage protected while they are away.
This page summarizes the federal law as described by the U.S. Department of Labor. It is general information, not legal advice — your employer’s HR department and the Department of Labor’s Wage and Hour Division can confirm how the law applies to your situation.
Ambrosia Behavioral Health provides detox and residential treatment in South Florida, and admissions can walk you through timing a stay — many programs run well within a single FMLA leave period.
Who the FMLA covers
The FMLA only applies where both the employer and the employee meet certain criteria.
Covered employers
Private-sector employers with 50 or more employees in 20 or more workweeks in the current or preceding calendar year; public agencies at any size; and public or private elementary and secondary schools at any size.
Eligible employees
You must work for a covered employer, have worked there at least 12 months, have at least 1,250 hours of service in the 12 months before the leave, and work at a location where the employer has at least 50 employees within 75 miles.
The 12 months need not be consecutive
Time previously worked for the same employer — including seasonal work — can usually count toward the 12-month requirement, though a break in service of seven years or more generally will not, with limited exceptions such as military service.
What leave the FMLA provides
Eligible employees may take up to 12 workweeks of leave in a 12-month period for one or more of these reasons:
An eligible employee may also take up to 26 workweeks in a single 12-month period to care for a covered servicemember with a serious injury or illness, when the employee is the servicemember’s spouse, child, parent, or next of kin. Under some circumstances, leave can be taken intermittently or on a reduced schedule — and when leave is for planned medical treatment, the employee must make a reasonable effort to schedule it so it does not unduly disrupt the employer’s operations. Employees may choose, or employers may require, that accrued paid leave such as sick or vacation time run concurrently with FMLA leave, depending on the employer’s normal leave policy.
- The birth of a child, or placement of a child for adoption or foster care
- Caring for a spouse, child, or parent with a serious health condition
- A serious health condition that makes the employee unable to perform the essential functions of the job — which can include addiction treatment
- A qualifying exigency arising from a spouse’s, child’s, or parent’s covered active military duty
Requesting leave
Employees must follow their employer’s usual requirements for requesting leave and provide enough information for the employer to reasonably determine whether the FMLA may apply. When the need is foreseeable, request leave 30 days in advance; otherwise, give notice as soon as possible and practicable. The first time you seek leave for a qualifying reason, you do not need to mention the FMLA by name — but later requests for the same condition should reference the qualifying reason or the need for FMLA leave.
When you request leave for your own or a covered family member’s serious health condition, the employer may require certification from a health care provider, and may also require second or third medical opinions at the employer’s expense, along with periodic recertification. Employers have notice duties too: posting FMLA rights, including the FMLA in employee handbooks or new-hire information, telling you whether you are eligible, and notifying you whether leave is designated as FMLA leave and how much will be deducted from your entitlement.
Job restoration and health benefits
Upon return from FMLA leave, an employee must be restored to their original job or an equivalent one with equivalent pay, benefits, and other terms and conditions of employment. Use of FMLA leave cannot be counted against the employee under a “no-fault” attendance policy, and employers must continue group health insurance coverage during the leave on the same terms as if the employee had not taken leave.
Enforcement
It is unlawful for an employer to interfere with, restrain, or deny the exercise of any FMLA right — or to discharge or discriminate against anyone for opposing a practice, or being involved in a proceeding, related to the FMLA. The Department of Labor’s Wage and Hour Division administers and enforces the law for most employees. If you believe your FMLA rights have been violated, you may file a complaint with the Wage and Hour Division or file a private lawsuit against your employer in court.
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