California laws do not prevent employers from “discharging an employee who, because of the employee’s current use of alcohol or drugs, is unable to perform his or her duties, or cannot perform the duties in a manner which would not endanger his or her health or safety or the health or safety of others.”
So it would seem that the answer is “yes” if you are wondering, “Is it legal if I was fired before I returned to work after being in a drug rehab program?”
However, it’s important to note the conditions that are attached to an employer’s right to discharge someone that’s struggling with drug and/or alcohol addiction. For example, California Labor Code Section 1025 clearly states that the employee can be fired if they are “unable to perform his or her duties,” or they are a danger to themselves and others at the workplace.
Essentially, workers cannot be fired solely on the fact that they need to get help for a substance abuse problem. That would be a form of discrimination, which is illegal under California law. Employers may also terminate a worker out of retaliation, like filing a complaint against a supervisor, and use the substance abuse problem as an excuse to fire them.
Can I Sue if I was Fired When I Came Back to Work from Rehab?
You may be eligible for a lawsuit against your employer if they fired you during or after you entered a drug rehabilitation facility. Alternatively, you may have a case for wrongful termination if you were fired after you told Human Resources of the need to take time off for a drug addiction. The wrongful termination lawyers at our office are here to answer any questions you have about the legal process. If your employer violated your right to job protected leave, we can file a complaint or lawsuit on your behalf and fight for the damages that resulted from termination and other adverse actions by your employer.
Protections Under California Labor Code Section 1025
Substance abuse disorders are recognized as a serious medical condition, and many people need time off at a rehabilitation center to manage their addiction.
California’s Labor Code Section 1025 has specific rules regarding employee protections for medical issues if they work for an employer with 25 or more workers. The employer must “reasonably accommodate any employee who wishes to voluntarily enter and participate in an alcohol or drug rehabilitation program.” However, the employer is only required to do so if the “reasonable accommodation does not impose an undue hardship on the employer.” So, the employer may not have to accommodate the worker’s needs if it causes significant expense or disruptions to their business operations.
Employee Confidentiality Rights
Employers must take reasonable care to ensure an employee’s privacy when they enroll in a drug rehabilitation program. Not disclosing protected health information related to leave of absences for drug and alcohol abuse programs are covered by several laws, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and California Labor Code section 1026.
Is Job Protected Medical Leave Paid or Unpaid?
If you are seeking a leave of absence to enter drug rehab, your employer is not required to pay you during this time. However, you may have accrued sick time or other PTO that can be used toward your stay at a rehab program. You can also look into the possibility of State Disability benefits, which may be available to you as long your time at a treatment facility was not offered by the court as an alternative to incarceration for a criminal offense.
Legal Recourse if Your Rights Under California Labor Code Section 1025 are Violated
If you were denied leave that you are entitled to under state or federal laws, you can file a complaint against your employer with the California Labor Commissioner. If it’s determined that your employer committed a violation, they may be ordered to rehire you or reinstate you back to your former position. You can also seek payment for any lost wages and costs associated with hiring an attorney. Please note that a complaint must be filed within one year from the date of the violation.
Other Laws That can Protect You
There are limited circumstances where an employer may be required by law to give time off for drug rehab treatment, even if they have less than 25 employees. For example, alcoholism is not specifically identified as a disability under California’s Fair Employment and Housing Act. However, the EEOC does recognize alcoholism as a disability, which is protected by the Americans with Disabilities Act of 1990.
Since alcoholism is a disability under federal law, it is a qualifying condition under the FEHA that is eligible for protection in the event the worker needs time to enter a rehabilitation program. This is based on the principle that the “broader protection or coverage” shall be recognized when it results in broader protection of “civil rights of individuals with a mental disability or physical disability.”
Contact Our Law Firm
Is your employer is refusing to grant leave so that you can participate in a drug or alcohol rehab program? Were you subjected to adverse treatment, like termination of employment, demotion from your position, or reduced pay while you were out on leave to seek treatment for substance abuse? If so, don’t hesitate to contact the wrongful termination lawyers of California Labor Law Employment Attorneys Group
As one of our clients, you will not be asked to pay an hourly fee or retainer. Our team will represent you on contingency, and that means winning your case is the only way we get paid. If we do not bring you compensation from a wrongful termination claim, you pay us $0 in legal fees, thanks to the Zero Fee Guarantee.
Please take a moment to schedule a free case review, where you can learn about your rights and legal options.
