by Justin Mckibben | Aug 28, 2017 | Addiction Stigma, Addiction Treatment, Detox, Drug Abuse, Drug Policy, Inpatient Treatment, Professionals
(This content is being used for illustrative purposes only; any person depicted in the content is a model)
With the nation in the midst of an opioid epidemic, it is more important than ever to understand that substance use disorder is rampant partially because it is extremely difficult for more people to overcome. Out of the estimated 22.7 million Americans who desperately need addiction treatment, only around 2.5 million of them actually received treatment in a facility. But this is largely because a lot of people are afraid to ask for help.
One of the primary reasons so many people don’t seek the help they need is because they fear how it may reflect on them in their professional life.
Fortunately, the Family and Medical Leave Act of 1993 (FMLA) provides some assistance and protections to people who need help with addiction treatment.
So how does FMLA cover addiction treatment, and how do you get the help you need?
The Family and Medical Leave Act
On February 5, 1993 then President Bill Clinton signed the bill establishing the Family and Medical Leave Act as a United States federal law. FMLA requires covered employers to provide their employees with job-protected and unpaid leave for qualified medical and family reasons. The situations that fall under this coverage include:
- Personal or family illness
- Family military leave
- Pregnancy
- Adoption
- Foster care placement of a child
FMLA is administered by the Wage and Hour Division of the United States Department of Labor. This act allows eligible employees to take up to 12 work weeks of unpaid leave during any 12-month period to attend to any of the qualifying circumstances. In order to be eligible for FMLA leave, an employee must:
- Have been at the business at least 12 months
- Work at least 1,250 hours over the past 12 months
- Work at a location where the company employs 50 or more employees within 75 miles
Four states have passed laws requiring paid family and medical leave:
- 2002- California
- 2008- New Jersey
- 2013- Rhode Island
- 2016- New York in 2016
Washington State approved paid family and medical leave in 2007, but the law has not taken effect due to a lack of funding.
In any case it is important to remember that every state has different provisions regarding FMLA. Be sure to try and reach out to your Human Resources department and a legal professional to find out what options are available in your state.
Does FMLA Cover Addiction Treatment?
If you are seeking help for substance use treatment, it is covered under FMLA. With FMLA, after returning to work from addiction treatment you must be restored to your original job or an equivalent position. In other words, financial punishment from your employer is prohibited. Therefore, the individual will receive no loss of pay or benefits and terms of the previous position will be honored. Even if you are entitled to a bonus before FMLA leave, the bonus will still apply.
ATTENTION: FMLA Does NOT Protect Everything
For one, an employee can still be terminated regardless of whether he or she is presently taking FMLA leave depending on if your employer has an established policy that:
- Is applied in a non-discriminatory manner
- Has been communicated to all employees
- Provides under certain circumstances an employee may be terminated for substance abuse
So be sure to evaluate your employers drug and alcohol policy carefully before asking for FMLA leave.
What If You’re Still Worried?
The truth is, with HIPPA laws, you can keep the reason WHY you are filing for FMLA leave private. When you apply for FMLA with your employer, you’re only need to tell them you are ill and unable to meet the conditions of your job at this time. You can say that you need to get medical treatment for your condition. That is all.
Legally, an employer cannot force you to provide any more information than you are comfortable with, although they may require a doctor’s certification that you need medical treatment. You can have FMLA cover addiction treatment as long as it is provided by a health care provider, or they can refer you to a specialized treatment provider of health care services.
In order to be protected by FMLA you must provide your employer with prior notice, or else you may still face termination.
Be aware, this does not mean that if you are using the substance and chose to take time off because of its adverse side effects, this is not covered by FMLA. In other words, absence for addiction and not for treatment does not qualify for FMLA leave.
FMLA Does NOT Cover Active Addiction
This is an important aspect to remember about the FMLA laws. While you are provided some protection in order to take leave for treatment, it does not protect you from the consequences of active addiction.
Termination due to inappropriate behavior on the job site is not protected. Neither is absenteeism due to active addiction. FMLA does not allow you to take time off because you are too drunk or too sick from withdrawals while waiting to go to treatment.
For example: If you seek help for alcohol addiction and file for FMLA leave for addiction treatment, but you miss work for a few days before leave because of heavy drinking, those few days are not protected because they don’t count as part of the FMLA leave. So be careful not to get too far ahead of yourself if you are planning on utilizing FMLA to get the much needed help.
Why It Matters
So why does FMLA cover addiction treatment at all?
One of the main reasons that substance use disorder is protected by the government is because the National Institute on Drug Abuse states:
“Drug addiction is a complex disease, and quitting usually takes more than good intentions or a strong will. Drugs change the brain in ways that make quitting hard, even for those who want to. Fortunately, researchers know more than ever about how drugs affect the brain and have found treatment that can help people recover from drug addiction and lead productive lives.”
Addiction is classified as a disease and qualifies as a serious health condition that needs healthcare treatment. This shows that the government acknowledges the difficulties faced by individuals who become addicted to drugs, and the importance of supporting them in getting better by offering some protection for their careers and financial futures.
It is important that employers honor FMLA because it allows for a healthier and more effective workplace, while also giving someone who has already become part of the business to better themselves. This all matters because you never know when a member of your staff could need support for a drug and/or alcohol problem. It isn’t always the slacker. A lot of times it is the employee of the month.
It matters because even for the deal makers, the self-starters and the top performers, sometimes we all need help.
Recovering from substance use disorder can be a lot work on its own. To have FMLA cover addiction treatment and to know that you can work on bettering yourself and get back to making a living secure in a career can make all the difference. If you or someone you love is struggling with substance abuse or addiction, please call toll-free now. We want to help.
CALL NOW 1-888-922-5398
by Justin Mckibben | Jun 23, 2017 | Alcohol, Alcohol Addiction, Alcoholism, Binge Drinking, Detox, Fitness, Sports
Recently Jeff Salinas, an Alumni from our Palm Partners facility contacted our Alumni department with some exciting news; on the road to recovery he hit the ground running, and soon will be competing in a triathlon, but it isn’t his first since he took off from the starting line he got while in treatment. Jeff shared with us an article written about his awesome new ambition on Florida Today, in which he was quoted saying
“Triathlon saved my life,”
Coming up Sunday, July 25th is the fifth annual Indialantic Boardwalk Triathlon. This is Jeff’s next giant leap on the road of transformation and recovery. The report shares that Jeff has become a regular to the local triathlons, as much as possible, while also competing in local foot races. According to Jeff, all this athletic action is more than just a sport; it has made a lasting imprint on his life, especially in recovery from alcoholism.
At 43 years old, this powerful example of passionate self-improvement has always been an athlete, even before turning his life around. However, when he spoke with journalists about his new competitive edge, he shared how the decision to clean up his act gave him a breathtaking second wind.
“In 2013, 2014 and 2015, I struggled really badly with alcoholism,”
“I finally battled those demons in 2015 … And then I trained for an Ironman triathlon. I made some life-changing moves, and to maintain them, I committed myself to the Ironman Florida Triathlon in Panama City.”
Jeff has been running a long time. Before, you may have said he was running from something. Today, however, it looks more like he’s running toward a better, brighter future.
Functioning Athlete/Alcoholic
Jeff has finished 7 marathons, and in 2013 he decided to try on a triathlon. Of course by his timeline, he was still actively drinking. Apparently he was able to put off drinking during triathlons and compete well enough.
It would appear that looking at the face value, one might categorize Jeff as a “functioning alcoholic”. He was working after moving with the company from San Diego. Jeff was providing for his wife Alpha and daughter Athena, not to mention caring for four dogs and staying active. Yet despite all the running, his drinking was catching up to him and gaining fast. When the question came in regards to if his drinking impacted his family, Jeff states in the interview:
“Bigtime. They’re the ones who got me into recovery. The most important thing is that you have to want it. You don’t go to make someone happy or because it is a good idea … You’ve got to do it for yourself; you have to make those life-changing decisions yourself. I had to ask myself, ‘Am I an addict or an athlete?’ ”
Jeff was put on a new track, with a new gym and new trainers who were ready to run a different kind of race with him; a race toward transformation.
Holistic Healing
Jeff Salinas found his way to Palm Partners, a Palm Healthcare facility that specializes in the treatment of people struggling with substance use disorder and dual diagnosis. In treatment Jeff found himself among recovering individuals of every economic and social background. While in treatment at Palm Partners Jeff experienced some of the most effective and innovative holistic methods, including personal trainers, exercise, good nutrition and yoga classes. Palm Partners and all Palm Healthcare facilities are designed to address every element of physical, emotional and mental recovery to help create lasting change. When asking Jeff about his experience with Palm Partners, and he wrote:
I remember during one of the classes in Palm Partners, we were to think of some kind of short term goal to have us look forward to in order to maintain our sobriety post Palm Partners. I always did want to participate in an Ironman Race Triathlon, which is a 2.4 mile swim, 112 mile bike ride followed by a 26.2 mile run. I thought, I can do this..
While in Palm Partners, this seed was planted. After coming home and maintaining my sobriety , the “Pink Cloud” eventually wore off, and I was starting to get depressed again and lose my momentum in my drive of wanting to stay sober. Then I remembered about the Ironman that I always wanted to do. So I did what I could to sign up for that race which was a year prior to the event. And from there, what’s in the FL Today article did follow suit.
I honestly do value the teachings and classes in PP. And it’s all relative, it doesn’t have to be triathlon or running, but it’s that internal driving force we had since our youth of purity, but somewhere along the timeline of growing up we lost it through addiction. Palm Partners helped me rekindle that fire inside me that almost went out. And, I’m forever greatful…
Becoming an Ironman
After finding himself back in the present, Jeff said:
“In Delray, I took everything in and really determined that I wanted to change… And so I committed to triathlon.”
Jeff credits the structure and strict training the sport demands to much of his attraction to it. The training requires a great deal of focus and dedication to practicing the three specific forms, leaving not much energy for the thought of drinking. In his interview with Florida Today, Jeff states:
“I committed to a seven-month training plan for the Ironman and fitted it around work and my personal schedule,”
“I tried to do (recovery) meetings, but that wasn’t what I needed. Instead, I’d show up for training and then go home and feel spent. It has been showing up for training that has helped me change.”
Last November in Panama Beach Jeff reached a milestone in his journey to a more fulfilled life. Jeff went on to say,
“I knew my mission was over once I crossed that line, when the commentator announced, ‘Jeff Salinas, you are an Ironman!’ ”
Alpha and Athena supported Jeff through every step of this race; from the decision to enter treatment and then to crossing the Ironman finish line.
Staying on the Path
Jeff has run in:
- Pineapple Man Triathlon
- Boardwalk Triathlon
Jeff has also qualified for and finished the Florida Triathlon, and is a member of the Donner Wealth Management Triathlon Team.
So what is next for the Palm Partners Alumni?
According to the report his new goal to finish the big race this Sunday in an hour, 10 minutes (give or take) to break his own record. After that- qualify for the Boston Marathon which he would like to do in November’s Space Coast Marathon.
One thing Jeff says during the interview that speaks volumes to his commitment to change is when talking about the race after-parties. Most of the events have food after, and beer is a common addition. Apparently the race community has plenty of it to go around. But in Jeff’s words,
“Well good for them. But not for me. Not for me.”
Jeff Salinas will be putting his passion to the pavement at the Indialantic Boardwalk Triathlon this Sunday, June 25th at 7 AM. The event takes place in Nance Park, 100 Miramar Ave., Indialantic. The event is for the benefit of Candlelighters of Brevard in Indian Harbour Beach.
We are happy to cheer for our Palm Partners Alumni, especially when they are sharing how passion, dedication and transformation make such amazing things possible. Jeff Salinas is a moving example of how willingness and action can change your life. On the road to recovery, Jeff is truly a trailblazer. If you or someone you love is struggling with substance abuse or addiction, please call toll-free now.
CALL NOW 1-888-922-5398
