Nirvana Recovery AZ

Job Protection Laws for Opioid Treatment in Phoenix, AZ

Woman reviewing documents in an office, representing job protection laws for employees seeking opioid treatment in Phoenix, AZ.

Opioid rehabilitation is a bold step towards recovery. As the opioid crisis intensifies, it is crucial that individuals who are opioid dependent take steps towards ensuring they recover from addiction. Employees can be hesitant to seek help as they fear losing their jobs over their addiction. However, several federal job protection laws can help you maintain your job as you seek treatment. 

This article aims to explain federal and Arizona-specific laws protecting employees during opioid treatment. It will provide crucial tips on how to navigate employer conversations and benefits. 

Nirvana Recovery understands the importance of job security while seeking drug and substance rehabilitation. As a result, we offer valuable resources to help employees understand the legal protections that are available to them. Contact our team today for more information. 

Federal Job Protection Laws Relevant to Opioid Treatment

Open book showing “FMLA Family Medical Leave Act”, symbolizing federal job protection laws relevant to opioid treatment.

Over the years, the federal government has passed various laws that will protect you from losing your job while you seek mental health and addiction treatment. These laws help reduce the anxiety and instability associated with job losses. Without them, successful treatment for opioid addiction would be challenging to achieve. Imagine you are in rehab while also dealing with the stress of losing your job. Such a circumstance would be a hindrance to successful treatment. 

Some federal job protection laws in the United States include the following: 

Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act of 1993 is one of the most essential Acts for individuals seeking treatment for mental health or addiction. It allows employees to take job-protected leave to deal with specific family and medical needs. One of the perks of this Act is that it also allows employees to receive medical insurance benefits under the same terms as they would if they were still actively working. 

When claiming benefits under the FMLA, you will receive twelve (12) weeks of unpaid leave without the risk of losing your job. Your employer is also precluded from retaliating against you for claiming leave under the FMLA. This means that your employer is prohibited from terminating, demoting, or discriminating against you for simply claiming leave under FMLA. However, some employers still retaliate since proving this can be difficult. As you claim your benefits under the FMLA, you should be cautious and document every interaction with your employer.

Americans with Disabilities Act (ADA)

Another vital job protection law for individuals seeking opioid addiction treatment is the ADA. Enacted in 1990, the ADA protects people with disabilities from discrimination of any kind, including workplace discrimination. While many people do not consider addiction a disability, it does fit the description of a disability under the ADA. 

Opioid use disorder can cause significant physical and mental impairment, which will likely limit your ability to perform certain tasks. This situation fits the description of protection under the ADA. However, it is essential to note that the ADA does not protect current drug use. If you are currently using illegal opioids, you may not be protected under the ADA. If you happen to test positive for a drug test, you cannot immediately admit yourself into a rehab facility and claim benefits under the ADA. 

The ADA protects people whose drug use persists outside recovery. If you have already undergone rehabilitation or are in rehab, you may qualify for ADA protections. However, if you have previously been diagnosed with an opioid addiction, your employer is prohibited from discriminating against you because of your condition.

Under the ADA, your employer is required to provide reasonable accommodations to you. If your opioid use has made it difficult to perform certain tasks, your employer should provide reasonable accommodation. 

Many employees are unaware of ADA protections and exclusions. As a result, they find themselves in situations where they face workplace discrimination or they claim protection while using illegal drugs. It is important to educate yourself before claiming benefits under the Act.

Health Insurance Portability and Accountability Act (HIPAA)

While HIPAA in itself is not a job-protection law, it can be used to protect against discrimination and retaliation. The Act ensures that your healthcare provider does not release confidential information to your employer. Under HIPAA, your medical information is yours to control. It is not supposed to be accessed by any other individual, including your employer, who may be responsible for your health insurance cover. Unauthorized disclosure is an offence under the Act. 

When you are diagnosed with opioid addiction, some employers may terminate your employment. Under HIPAA, your healthcare provider is prohibited from releasing diagnosis information, meaning your privacy is ensured. Your employer will never find out about your diagnosis; therefore, your job will be protected.

Arizona State-Specific Employment Protections

Hands surrounding icons on equal coin stacks, signaling Arizona’s Fair Wages and Healthy Families Act employment protections.

Arizona’s Fair Wages and Healthy Families Act entitles employees to paid sick leave. How you accrue your sick leave, which can be used for opioid addiction treatment purposes, depends on the size of your organization. If your organization has more than 15 employees, you may be entitled to up to 40 hours a week. This means you accrue an hour of paid sick leave for every thirty (30) hours of work. If your organization has fewer than 15 employees, you may only be entitled to up to 25 hours of paid sick leave a year. 

However, many employers have their own rules regarding paid sick leave. However, these rules should not provide you with fewer than the stipulated hours of paid sick leave per year. 

Why Job Protection Matters for Opioid Treatment

The stigma surrounding opioid use and addiction makes people think that addiction is a moral failing. However, it is a genuine and treatable medical condition. As such, job protection contributes to various aspects of treatment. The following are reasons why job protection matters for opioid addiction: 

Encourages Treatment Without Fear of Job Loss

One of the most prevalent reasons for not seeking treatment for opioid use disorder (OUD) is fear. Many people avoid seeking treatment because they fear losing their jobs. This worsens the opioid epidemic, making it a public health crisis. If people were not afraid to lose their jobs, they would readily seek treatment for OUD. 

If you are one of these people, job protection laws are here to help. They entitle you to certain benefits, such as 12 weeks of unpaid leave and a prohibition against retaliation and discrimination. With these laws in place, you can freely seek treatment without worry. 

Improves Treatment Outcomes 

Employment is an excellent motivator for recovery. If you are guaranteed to keep your job, you are more likely to seek treatment and adhere to treatment regimens. Employment offers much-needed structure that can help improve treatment outcomes. A lack of structure can hinder successful recovery. This is the reason why inpatient and residential treatment is sometimes more impactful than outpatient care. The structure it offers helps create an environment suited for recovery. Your job can do the same for you while you are seeking treatment.

Reduces Stigma and Promotes Recovery 

A supportive workplace can help reduce the stigma associated with OUD. Job protection laws and progressive company policies help to shift the narrative from punishment to rehabilitation. Losing your job while you seek treatment feels like a punishment, and it is. With job protection laws, you can seek treatment without worry. 

Prevents Relapse by Offering Stability 

Job loss can lead to increased stress, anxiety, and isolation. It can also lead to financial hardship, a contributor to relapses. When you are stressed, it is much more likely that you will seek out opioids to help cope with life’s difficulties. Maintaining employment, on the other hand, promotes financial stability. It also allows people with OUD to stay connected with their colleagues and friends, preventing relapse. 

Supports Broader Economic and Public Health Goals

Job protection helps maintain the working population. With a worsening opioid crisis, many workers have been sidelined and unable to reintegrate into society. If their jobs were protected, they would have received treatment and continued with their careers with a new boost in productivity. Any employer who encourages treatment for substance use contributes significantly to economic and public health goals. 

By letting people lose their jobs, employers may be fuelling the opioid epidemic. They take away the safety net that employment provides, leading to worse economic and public health outcomes for the entire society. 

Employer Benefits of Supporting Treatment

As an employer, you may receive unforeseen benefits from supporting opioid addiction treatment. These benefits include the following: 

  • Workplace safety: If you allow your employees to receive treatment for OUD, it ensures workplace safety. Opioids can impair an employee’s functioning, increasing the risk of workplace injury. 
  • Increased productivity: Employees in recovery are much more productive than those actively using opioids. As a result, an employer will witness increased productivity and loyalty if they allow their employees to seek treatment for opioid use. 
  • Reduced turnover: The opioid epidemic has increased turnover. Recruitment and severance can be quite costly to an employer. Retaining employees in recovery can help reduce the costs of recruitment and severance. 

When Legal Protections May Not Apply

Syringe, pills, and cash on table symbolizing current illegal drug use as a situation where legal protections may not apply.

While job protection laws are essential, they do not apply to every situation. These situations include the following: 

Current Illegal Drug Use

Current and illegal drug use is not protected under the ADA. If you are currently using an illegal opioid, your employer will be well within their rights to terminate your employment if they find out that you are using. The ADA is worded very specifically to prevent discrimination against individuals with a history of drug use. It does not extend this protection to current drug use.

Performance or Conduct Issues

If your use of opioids severely affects the quality of your work, you may not receive protections under the law. It is always important to stay on top of things to prevent termination due to conduct or performance issues.

Employers Not Covered by Federal/State Laws

Small employers are sometimes exempted from State and Federal laws. You should check whether you are eligible for some of the protections under State law. 

How to Talk to Your Employer About Opioid Treatment

Talking to your employer about going to rehab can be daunting. However, the following are tips to help you with that difficult conversation: 

Prepare for the Conversation

Before having the conversation with your employer, you need to prepare yourself adequately. First, you may need to review your workplace policies and benefit documents. These will guide you on your company’s stance on addiction treatment and time off. Reviewing your company’s policies will also help you figure out who to talk to about taking time off. 

Preparing for the conversation also involves choosing the right place and time. Pick a private and distraction-free environment where you can speak confidently. You can also choose to have the conversation in the early afternoon to help elevate your supervisor’s mood. After lunch, such conversations tend to be more readily acceptable compared to early morning ones. You should also avoid periods where there is an ongoing crisis or increased work pressure. These considerations can help you receive a favourable response from your employer. 

Lastly, you need to practice what you are going to say. Frame your thoughts in an easy-to-understand format while balancing honesty and professionalism. Do not give out too much information that may open you up to termination. You can role-play with a trusted friend to give you an idea of how the conversation might go. 

What to Say (and What Not to Say)

When having the conversation, you need to start by expressing your commitment to the job. Express that you are loyal to your employer despite the minor setback. Talk about how you need treatment and that you will come back stronger and better. By doing this, you will build trust with your employer. 

As you have the conversation, maintain honesty and professionalism. Give your employer the relevant details, like how long you expect to be in rehab. Avoid oversharing and talking about personal information relating to your opioid use. Discussing the background of your opioid use can open you up to termination. 

You should also discuss the benefits of recovery and logistics. Ensure that you have completed your most urgent tasks and created a plan to delegate some of your tasks to your colleagues. This shows that you are committed to treatment and that you are a valuable member of the company. You can also suggest alternatives like remote work and reduced schedules. All there are provided under the Department of Labor guidance

Involving HR and Documenting the Process

At every stage of the conversation, you should document the process. This provides legal protection in case of retaliation by the company. If you are terminated for seeking treatment, you will have proof to show that your job was protected under various laws, such as the FMLA. 

Using Employer Benefits Alongside Legal Protections

Employees in a casual meeting in an office, symbolizing use of employer assistance programs with legal workplace protections.

Apart from legal protections, some employers provide additional benefits that you can use. These include the following: 

Employee Assistance Programs (EAPs)

Employee assistance programs can be a lifesaver for anyone seeking opioid addiction treatment. They offer short-term assistance for employees struggling with various aspects of their lives. As someone with OUD, you can use your EAP to receive short-term counselling before enrolling in a rehabilitation center. Additionally, you can use it as a tool to transition back into work after treatment. 

EAPs are a valuable source of short-term counselling. Your provider can help you make vital decisions that will improve your treatment outcomes. They can also assist you in formulating a plan to inform your employer that you want to seek treatment. If you have an EAP at your workplace, take advantage of it. 

Short-Term Disability

Short-term disability insurance is also helpful for anyone seeking opioid rehabilitation. It can offer valuable income replacement as you seek treatment. You first need to find out whether you qualify for short-term disability before you can receive its benefits. Most short-term disability policies cover inpatient rehabilitation treatment. They can offer between 50% and 80% income replacement while you focus on recovery. This income replacement can help cover costs for essentials like rent or food while you are away from your dependents. 

Health Insurance

Health insurance is very valuable for opioid rehabilitation. Health insurance providers cover inpatient and outpatient rehabilitation. With the high cost of addiction treatment, you may need your insurer to cover this service. 

Your Job and Recovery Can Coexist With Nirvana Recovery

You do not have to focus on either your job or recovery. Both these options are available to you. With various job protection laws under the Families and Medical Leave Act (FMLA), Americans with Disabilities Act, and Health Insurance Portability and Accountability Act (HIPAA), you can keep your job while receiving opioid addiction treatment. 

The FMLA guarantees employees with medical or family emergencies a twelve-week unpaid leave period where they cannot be terminated. This ensures employees can come back to work after completing their treatment period. The FMLA also prohibits retaliation for seeking leave under the Act.

At Nirvana Recovery, we offer valuable insight into job protection laws while also providing high-quality treatment for addiction and mental health conditions. Our team of experts will walk with you every step of the way until you are fully recovered. Contact us today to begin your treatment journey.

Frequently Asked Questions (FAQs)

Employers are prohibited from terminating the employment of Individuals seeking treatment. If you are currently receiving medication-assisted treatment, you are protected under the ADA as long as you can prove that you are not currently using illegal opioids. The ADA does not protect current users and those who use illegal substances. 

When applying for leave, you are only required to provide sufficient information to prove necessity. Under HIPAA, your healthcare provider is prohibited from disclosing confidential information regarding your treatment. 

If your company has fewer than 50 employees, the FMLA may not apply. In this case, you can implement a voluntary leave policy or advocate for paid leave.

Medical necessity is ascertained by a medical professional. They can write a letter to your employer outlining that you need to receive treatment urgently to enable your employer to approve your leave. 

Employers are prohibited from discriminating against you because of your history of drug use. If you face discrimination, document everything. Once you feel that you have sufficient evidence of discrimination, you can report your employer to the relevant agency or institute legal proceedings against them.

author avatar
ketan blog