As a legally recognized disability under the Americans with Disabilities Act (ADA), workers may take Alcohol or Drug rehabilitation leave and are protected from unlawful retaliation by their employer.
While rehab is certainly a reasonable accommodation for these workers, employers sometimes refuse to take their needs seriously or punish them for taking time to try to get better. When this happens, the team of compassionate, skilled employment lawyers at Maison Law can help.
How Common is Alcohol and Drug Addiction?
Data from the California Health Care Almanac found that nearly 9% (around 2.9 million) of California’s population aged 12 and over admitted to having substance use issues in 2019. Furthermore, alcohol or drug dependence heavily impacts the employee’s work life because the condition makes it difficult for them to fulfill their responsibilities and functions of their job. Still, like any other disability, the law outlines protections for these employees.
How Does California Law Protect These Employees?
Under California law, employers are required to provide any employee with leave time to voluntarily enter and participate in an alcohol or drug rehabilitation program. The law applies to any employer with 25 or more employees are required to follow the law and provide this type of leave, which includes the following provisions:
- Employers must provide “reasonable accommodations”.
- Applies to any employee who wishes to voluntarily enter into a treatment program.
Reasonable Accommodations
While the law clearly enumerates which employees are protected and what the employer is required to do in these situations, the law does not actually outline what is or is not considered a reasonable accommodation. As such, they can vary from employer to employer. Still, some of the more common accommodations requested in these situations include the following:
- Given time off work to seek treatment.
- Use of accrued paid sick days to get treatment.
- Being reassigned to a different or even vacant position.
- Modified work schedule, location and breaks.
- Other reasonable changes in employment that will help accommodate the treatment, especially if it involves duties associated with the treatment program.
In addition to the labor code, workers are further protected under The California Family Rights Act (CFRA) and the Family and Medical Leave Act (FMLA). These statutes are applicable to employees that wish to seek treatment for alcohol or drug addiction because it is considered a serious health condition. Under these statutes, employees are allowed up to 12 weeks of unpaid leave time to enter treatment. Also like the labor laws, the employee is within their right to use any accrued sick time if they wish to be paid while not at work and in the treatment program.
How Are Employee Rights Violated in These Cases?
Part of the protections for these employees under the law involve the employer not being allowed to discriminate or retaliate against an employee who wishes to voluntarily seek treatment. More clearly, the employer is not allowed to take any adverse employment action against the employee that wishes to seek treatment, including:
- Firing them
- Demoting them or cutting their pay
- Refusing to rehire them
- Failing to promote them
- Suspending them
- Changing their job duties or schedule
Unlike other similarly protected characteristics, there is an important exception for these situations that is also made clear in the law. When any of the following occurs, the employee cannot make a claim for unlawful retaliation or discrimination:
- The employee is unable to perform the essential functions of their job because of their condition
- The employee cannot perform their duties in a manner that would not endanger their health or safety or the health or safety of other employees.
With the help of our expert employment lawyers at Maison Law, employees can determine whether they are indeed experiencing retaliation for utilizing their legal right to leave to seek treatment. Further, they can help plan next steps, which could include filing a lawsuit to recover lost wages and emotional distress damages.
Skilled, Compassionate California Employment Lawyers
When an employee wants to take the step of seeking help and treatment for their dependence on drugs or alcohol, they need to know that they have the law on their side. Also on their side is the team of skilled, compassionate California employment lawyers at Maison Law. Attorney Martin Gasparian and his firm are dedicated to advocating for hardworking Californians who have suffered retaliation for seeking leave for alcohol and drug treatment in their workplace. Contact Maison Law today to schedule a free initial consultation.
