Can my employer fire me for going to rehab?

Generally no, if you are protected by FMLA and/or ADA. These laws protect your job during medical leave for substance use and mental health treatment. However, protections have eligibility requirements and limitations.

Do I have to tell my boss I'm going to rehab?

You do not need to disclose your specific diagnosis. You can simply request FMLA leave for a 'serious health condition.' The medical certification is handled between your provider and HR.

What if my company has fewer than 50 employees?

FMLA does not apply to employers with fewer than 50 employees. However, the ADA applies to employers with 15+ employees, and many states have additional protections. Consult an employment attorney for your specific situation.

Treatment logistics

Can you get fired for going to rehab? Your legal rights explained

Published July 23, 2025 · 8 min read · Updated April 2026

Last medically reviewed: April 2026

Reviewed for accuracy by licensed clinical professionals. Editorial process.

Fear of losing your job is one of the most common reasons people delay or avoid treatment. The good news: multiple federal and state laws protect your employment when you seek treatment for substance use or mental health conditions. The bad news: these protections have limits and requirements you need to understand.

Federal protections: FMLA

The Family and Medical Leave Act provides up to 12 weeks of unpaid, job-protected leave for serious health conditions — including substance use disorders and mental health conditions. To qualify, you must work for an employer with 50+ employees, have worked there for 12+ months, and have logged 1,250+ hours in the past year. If eligible, your employer must hold your job (or an equivalent position) and maintain your health insurance during leave. Read our complete FMLA guide.

Federal protections: ADA

The Americans with Disabilities Act protects employees with substance use disorders and mental health conditions from discrimination. Under the ADA, your employer cannot fire you solely for having a substance use disorder, deny you reasonable accommodations for treatment, or retaliate against you for seeking help. Important limitation: the ADA does not protect you if you are currently using illegal drugs at work or if your substance use prevents you from performing essential job functions.

What your employer CAN do

Your employer can enforce workplace drug policies consistently. They can require you to meet the same performance standards as other employees. They can terminate you for workplace misconduct (showing up intoxicated, for example), even if the misconduct is related to a disability. They can require a fitness-for-duty evaluation before returning to work in safety-sensitive positions.

Practical steps to protect yourself

Apply for FMLA leave before entering treatment — do not just stop showing up. Document your FMLA request in writing. You do not need to disclose your specific diagnosis to your manager — only that you need medical leave. Work with HR, not just your direct supervisor. If you experience retaliation after returning, document it and consult an employment attorney. Many states offer additional protections beyond federal law — check your state's specific statutes.