Entering an addiction treatment program can put you on the path toward a much healthier and more hopeful future. But that doesn’t mean it’s always an easy decision. On common concern involves how much your current boss or future employers will be able to find out about your condition. In other words, does going to rehab go on your record?
Does Going to Rehab Go on Your Record?
You are probably familiar with threats that certain unacceptable actions at work will either go on your permanent record or cause you to get written up.
Showing up to your place of employment under the influence of alcohol or another drug would surely fall into the “unacceptable actions” category. But what if you’re trying to get help for an addiction? Does going to rehab go on your record?
Thanks to the Health Insurance Portability and Accountability Act (HIPAA) the only people who should know about your time in a drug treatment facility are the people you choose to inform.
Many aspects of modern American life – such as buying a house, getting married, or being involved in a court case – are matters of public record. HIPAA ensures that the public does not have the right to know if you have received healthcare, which includes professional care for a mental health concern or a substance use disorder (addiction).
HIPAA became federal law in the United States in August 1996. The law required Congress to pass privacy-related legislation within three years. Since that didn’t happen, the Department of Health and Human Services (HHS) published a regulation known as the Privacy Rule in December 2000.
This rule protects “individually identifiable health information,” which includes:
- The status of your past, present, or future physical or mental health
- If you have received healthcare
- Any past, present, or future payment for the provision of your healthcare
Does going to rehab go on your record? According to U.S. federal law, in the vast majority of cases, it does not.
Are There Exceptions to HIPAA’s Privacy Rule?
Astute readers will note that we ended the previous section with a less-than-absolute guarantee of privacy. Having your healthcare records protected “in the vast majority of cases” is not the same as having them protected no matter what.
So, yes, there are a few exceptions to HIPPA’s Privacy Rule. For example, your healthcare provider may share your information without your consent in circumstances such as:
- Cases involving abuse, neglect, or intimate partner violence
- If you are determined to pose “a serious or imminent physical threat” to someone
- In response to a court order or subpoena
- To find or identify “a suspect, fugitive, material witness, or missing person”
- When necessary to prevent or control a public health crisis
Yes, these are rare situations, but they do occur. For additional details about the extent and limitations of the Privacy Rule, visit the HIPAA website.
Can You Get Fired for Going to Rehab?
Your employer is not legally entitled to know if you have an addiction or if you’re going to a rehab program. But how does this apply in practice? You can’t just stop going to work without giving a reason and expect to have your job waiting for you when you come back, can you?
No, you can’t simply disappear from the workplace for an extended period and then expect to be greeted with proverbial open arms when you return. But you should be able to go to rehab without losing your job.
This type of situation is covered by two federal laws, the Americans With Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA).
Americans With Disabilities Act (ADA)
The ADA prohibits employers from firing, refusing to hire, or denying promotions to people with a wide range of conditions, including those who:
- Have been successfully rehabilitated and who are no longer engaged in the illegal use of drugs
- Are currently participating in a rehabilitation program and are no longer engaging in the illegal use of drugs
Please note that the ADA does not provide any protection to people who are currently using drugs. If you fail a drug test at work, or if you are caught using prohibited substances at your place of employment, entering a rehab program will not prevent you from being disciplined or fired.
Family and Medical Leave Act (FMLA)
The FMLA allows employees who meet certain requirements to take up to 12 weeks of unpaid leave each year for a variety of health-related reasons, including “to take medical leave when the employee is unable to work because of a serious health condition.”
As with the ADA, the FMLA will not protect you if you violate any of your employer’s drug-related policies. But if you wish to take unpaid leave to enter rehab – and you haven’t been caught using or being under the influence of drugs at work – you may be entitled to your current job or a different job of equal status and pay when you return.
Learn More About Rehab in Atlanta
If you have questions about your rights when going to drug rehab in the Atlanta area, Peachtree Recovery Solutions can help you find the answers you need.
We are a trusted provider of personalized outpatient care for adults who have become addicted to alcohol and other substances. We also offer dual diagnosis programming for patients who have certain co-occurring mental health concerns.
Our center is a safe and welcoming place where you can receive customized services from a team of skilled and compassionate professionals. The members of your treatment team will work closely with you to help you find your path toward improved health and successful recovery.
To learn more or to schedule a free assessment, please visit our Admissions page or call us today.