Lantana Recovery
A modern, community-based approach to addiction treatment for Men and Women in Charleston, SC

Protection for Employees Seeking Recovery Support Services

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Key takeaways:

  • Employment is crucial for the well-being of individuals with and without disabilities or addictions.
  • Federal laws like the Americans with Disabilities Act (ADA) prohibit discrimination against individuals with addiction and require reasonable accommodations for treatment with Lantana and other professionals.
  • The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid leave for addiction treatment, with continued health benefits.
  • Some states have additional laws, like the California Fair Employment and Housing Act (FEHA), protecting employees with addiction and requiring reasonable accommodations.
  • These laws aim to ensure employees can access the necessary care for recovery and continue contributing to the workforce.

Employment is fundamental for the physical health, psychological well-being, and quality of life of people with and without disabilities or addictions. Employees seeking treatment for addiction are protected by a number of federal and state laws that ensure they are not discriminated against or unfairly treated because of their addiction or their participation in treatment. These protections are important to ensure that employees are able to access the care they need to recover and continue to contribute to the workforce.

The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against individuals with disabilities, including addiction. The ADA requires employers to provide reasonable accommodations to employees with disabilities unless doing so would pose an undue hardship on the employer. This can include allowing employees to take time off for treatment with Lantana or providing accommodations that allow employees to continue working while in treatment.

Additionally, the Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid leave per year for the treatment of a serious health condition, including addiction. The FMLA also requires that employers maintain an employee’s health benefits during their leave.

employee protection

“Substance use disorders (SUDs) represent a critical public and occupational health issue. Therefore, understanding the process of SUD recovery has become an issue of growing importance among substance use and recovery professionals” ( Workplace Supported Recovery from Substance Use Disorders: Defining the Construct, Developing a Model, and Proposing an Agenda for Future Research, Frone et al., 2022.)

Several states have their own laws that provide additional protections for employees seeking treatment for addiction with us. For example, the California Fair Employment and Housing Act (FEHA) prohibits discrimination against employees with disabilities, including addiction, and requires employers to provide reasonable accommodations for employees with disabilities. The FEHA also prohibits employers from requiring employees to undergo drug testing as a condition of employment, unless the employer has a reasonable suspicion that the employee is using drugs.

Bottom Line

Employees seeking treatment for addiction with Lantana and other professionals are protected by a number of federal and state laws that ensure they are not discriminated against or unfairly treated because of their addiction or their participation in treatment. These protections are important to ensure that employees are able to access the care they need to recover and continue to contribute to the workforce.

Warren

Warren Phillips

Warren is a Licensed Master Social Worker, who specializes in substance abuse and mental health treatment. Clinically, Warren has developed a therapeutic skillset that utilizes a strengths-based perspective, Twelve Step philosophies, Cognitive Behavioral Therapy and Motivational Interviewing.

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Charleston South Carolina

Charleston South Carolina

Located on the historic peninsula of Charleston, South Carolina, Lantana Recovery takes a modern approach to Substance Use Disorder treatment, offering intensive clinical care while also immersing our clients in local Charleston culture.