Who is affected?
June is National Safety Month, an observance organized by the National Safety Council (NSC) with the goal of raising awareness of the leading causes of injury and death both on and off the job.
According to the NSC, substance use disorders directly affect almost 8 percent of the adult and adolescent population in the United States, and three-quarters of those who struggle with addiction are employed. The Centers for Disease Control and Prevention (CDC) reports that unintentional poisoning, which includes drug overdose, was the leading cause of accidental deaths in the United States in 2016, ahead of motor vehicle accidents. On the job, the highest rates of substance use disorders occur in the construction and entertainment, recreation, and food service industries. According to Tenet Diagnostics, up to 20 percent of work-related fatality victims test positive for drugs or alcohol, and 40 percent of all industrial workplace fatalities are caused by substance abusers. The issue of substance use on the job is further complicated by the ongoing opioid epidemic, as well as by the legalization of marijuana for medical and/or recreational purposes in many states. Even over-the-counter and legally prescribed medications that are used as directed can create a safety hazard if they cause drowsiness or other potentially hazardous side effects. When substances are misused, the risk increases further. Therefore, employers are advised to develop clear policies that address the hazards of substance use on the job and communicate the company’s expectations surrounding drug and alcohol use in the workplace.
From an employee’s perspective, admitting that you have a problem with substance abuse to your boss can potentially result in the loss of your job. This creates hurdles to seeking treatment however substance abuse treatment should always be a priority and taking a medical leave of absence from work is one way to avoid the stigma associated with substance abuse and employment.
Family Medical Leave Act (FMLA)
The Family Medical Leave Act of 1993 (FMLA) is a federal law that requires employers to provide protected employees with a leave of absence for up to 12 weeks in a 12 month period for certain medical and family reasons. These medical reasons can be anything from childbirth, to personal medical emergencies, or taking care of a family member with a serious health problem.
According to the law, FMLA leave may only be taken for substance abuse treatment provided by a health care provider or by a provider of health care services on referral by a health care provider. Absence because of the employee’s use of the substance, rather than for treatment, does not qualify for FMLA leave. The employer may not take action against the employee because the employee has exercised his or her right to take FMLA leave for substance abuse treatment. However, if the employer has an established policy, applied in a non-discriminatory manner, that has been communicated to all employees, and that provides under certain circumstances an employee may be terminated for substance abuse, then pursuant to that policy the employee may be terminated regardless of whether he or she is presently taking FMLA leave. An employee may also take FMLA leave to care for a covered family member who is receiving treatment for substance abuse. The employer may not take action against an employee who is providing care for a covered family member receiving treatment for substance abuse. So in other words, taking medical leave in order to seek substance abuse treatment for you or for your family member is allowed and commonly practiced under the law.
Seeking help
Since June is workplace safety month, it is important for employees and employers alike to maintain the safest work environment possible, which includes talking about mental health, substance abuse and physical health in order to prevent work related burnout and work related injuries. Performing work related tasks under the influence of drugs or alcohol is not only hazardous to yourself but also can be hazardous to others around you. Seeking treatment for your substance abuse or mental health illness should be done before complications arise.