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The FMLA For Rehab: A Guide

Home » The FMLA For Rehab: A Guide

John Ward

Medically Reviewed by John Ward

Last Updated on:
April 24, 2024

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Have you heard about the Family and Medical Leave Act (FMLA) but don’t know exactly what situations it covers? Many individuals end up able to take time away from work to get the help they desperately need thanks to this federal law. They use FMLA for rehab and other necessary treatments so they can tackle their issues with professional help and learn to recover. 

Peachtree Recovery Solutions offers outpatient programs covered by FMLA that help you regain control of your life. With our help, addiction can become a thing of the past. Our vital therapy modalities teach you to move forward and enjoy better physical and mental health.

You are not alone. You deserve to get help.

Peachtree Recovery Solutions is an industry leader in outpatient substance abuse treatment. Our team of top medical experts specialize in dual diagnosis treatment and are committed to ensuring that each patient is treated as an individual. Call us today, we’re available 24/7.

What is The FMLA?

President Bill Clinton signed the Family and Medical Leave Act into law in 1993. It entitles eligible employees to take an unpaid leave from their jobs for certain family and medical reasons. While away from the job, the person with group health insurance with their company will not experience any interruption in their coverage. Employees can take up to twelve weeks of unpaid leave to receive medical treatment. The twelve weeks must take place during a one-year period. 

When the person returns to work, the law guarantees that their job or an equivalent one will be waiting for them. FMLA for rehab helps people get the valuable help they need without worrying that their jobs won’t remain open to them upon their return. 

FMLA covers more than just a need to step away from work for medical treatment. It can also be used to provide needed care for a family member, including a child, parent, or spouse. As well, it covers taking a leave because of the birth or adoption of a child. Finally, someone who needs to take time off for military-related reasons related to the employee’s spouse, child, or parent, can do so under the FMLA. The individual can also take twenty-six weeks of leave to care for a covered service member with a serious illness or injury.

How Do I Get Eligibility for the FMLA for Rehab?

Eligibility to use FMLA for rehab and other types of treatment includes meeting the following requirements:

  • Must have worked for the employer for a minimum of twelve months (they do not have to be consecutive months)
  • Must have worked a minimum of 1,250 hours within the past twelve months
  • Must be employed at a facility that has at least 50 employees who work within a radius of 75 miles


The types of companies and businesses covered by FMLA include:

  • Public agencies, including local, state, and federal employers, and local education agencies
  • Private sector employers who employ 50 more employees for a minimum of 20 workweeks in the current or preceding calendar year. This includes joint employers and successors of covered employers.


To use FMLA, there are specific steps to follow. Notify your employer you want to take a leave covered by the FMLA. They will then determine if you are eligible, discuss your rights and responsibilities, and possibly ask for certification of your need to use the time off. From there a decision will be made. If you are approved for time off, you can target the dates you will be gone. 

Can the FMLA Be Used for Rehab?

This valuable law isn’t just for people who have a physical illness or injury. FMLA for rehab allows people who have an addiction to drugs or alcohol to get the treatment they require. Substance use disorders are serious conditions that affect a person’s health. For this reason, they are included as a reason a person can take advantage of FMLA. Also, an employee may take time off to care for a family member who is receiving treatment for a substance use disorder. The family member must be a spouse, child, or parent. 

Our rehab programs that have been approved for FMLA by employers: 

Partial Hospitalization Program
Intensive Outpatient Program
Evening IOP
Outpatient Program

Can the FMLA Be Used for Mental Health Treatment?

FMLA can be used for taking time off for treatment for mental health disorders. This includes but is not limited to depression, anxiety, bipolar disorder, schizophrenia, obsessive-compulsive disorder (OCD), borderline personality disorder, post-traumatic stress disorder (PTSD), and more. As it does for rehab, FMLA also allows a person to use it to help a family member undergoing mental health treatment. A family member is defined as a spouse, child, or parent.

Important Details About Filing for FMLA for Rehab

Keep in mind that using FMLA for rehab or any other reason should be discussed with the person’s employer first. The individual should speak to their supervisor or an HR rep and discuss receiving approval for the request. Taking the leave without notifying the employer first can result in discipline or loss of the job. 

The employer may request a reason for the leave or certification provided by a health care provider that supports the need for taking a break. The employer must give the employee at least 15 calendar days to produce the certification. However, the employer is not entitled to review the individual’s medical records.

Use FMLA for Rehab in Atlanta

One of the biggest hurdles to taking time off to get treatment for a substance use disorder is wondering what to do about work. Using FMLA for rehab allows a person to take legally protected time off from their job to focus on getting well.

Peachtree Recovery Solutions offers outpatient programs that help people become sober for life. We prepare them to make smarter choices and avoid triggers. As a result, they can return to their careers with a new zest for life and the ability to remain substance-free. 

For more information about using FMLA for rehab with us, contact us now. We can help you navigate the process and start getting the help you deserve.

We Work With Most Major Insurance

Did you know most major health insurance plans with out-of-network benefits can help cover most of the costs associated with our program? Click below to find out your coverage and treatment options for our rehab facilities in Atlanta.