What the law can do
The Family and Medical Leave Act gives eligible employees up to 12 weeks of unpaid, job-protected leave a year for a serious health condition. The Department of Labor’s guidance says that can include treatment for substance use. You can also use it to care for a spouse, child or parent.
The limits
You need to work for a covered employer and meet its eligibility rules. Absence caused by the use itself isn’t protected in the same way as absence for treatment. And an employer with a clear policy can still act under that policy, so check it first.
What to say
You don’t need to tell your coworkers. HR may need a medical certification from a provider, but it can stay limited. This is general information, not legal advice. An employment lawyer can advise on your case.
Sources
This is general information, not medical advice. Talk to a doctor about your own situation.
Frequently asked questions
Do I have to tell my boss why I’m off?
You need to give enough information for leave to be approved, usually to HR. It needn’t be everyone’s business.
Is FMLA paid?
No, it’s unpaid, though you may be able to use paid leave at the same time.
Can I take FMLA for a family member’s rehab?
You may be able to, to care for a spouse, child or parent. Ask HR.
Does my employer have to know the diagnosis?
Not always in full. Ask what’s needed on the certification.