FMLA and drug rehab in California: protecting your job and your pay

• FMLA (employers with 50+ employees) and CFRA (employers with 5+ employees) give eligible workers up to 12 weeks of job-protected leave for treatment.
• Labor Code 1025 requires employers with 25+ employees to reasonably accommodate voluntary rehab.

None of these leaves is paid. Sick leave, vacation, and State Disability Insurance (SDI) can replace some income.

This guide explains the rules in general. It isn't legal advice. Your employer's HR department or an employment lawyer can tell you how they apply to you.

Which laws cover you

Law	Employer size	You must have	What you get
FMLA (federal)	50+ employees within 75 miles of your worksite	12 months with the employer and 1,250 hours worked in the last 12 months	Up to 12 weeks of unpaid, job-protected leave; health insurance continues
CFRA (California)	5+ employees, no distance rule	More than 12 months with the employer and 1,250 hours in the last 12 months	Up to 12 weeks of unpaid, job-protected leave
Labor Code § 1025 (California)	25+ employees	No minimum	Reasonable accommodation to voluntarily enter and take part in rehab, unless it's an undue hardship
ADA / FEHA	15+ (ADA) / 5+ (FEHA)	—	Protection for people in recovery who aren't currently using illegal drugs; reasonable accommodation

FMLA and CFRA usually run at the same time, so most people get 12 weeks total, not 24.

What counts as treatment

Under FMLA rules, leave covers treatment by a health care provider, or by a program a provider refers you to. That includes residential treatment, detox, PHP, IOP, and outpatient appointments, as long as the condition meets the "serious health condition" test (inpatient care or continuing treatment). Two limits matter:

• Absence because of using doesn't qualify. Only treatment does.
• Workplace policies still apply. An employer can't take action against you for taking leave, but if it has a written substance use policy that it applies equally to everyone and has told employees about, it may still act under that policy.

Leave doesn't have to be one block. With medical need, you can take it intermittently, for example a few hours a week for IOP.

Getting paid while you're out

• Sick leave. Labor Code § 1027 lets you use sick leave you're entitled to for rehab.
• Vacation or PTO, depending on your employer's policy.
• State Disability Insurance (SDI). EDD can pay partial wage replacement when a doctor certifies you can't work. For residential treatment, the facility must be state-licensed or certified and a physician must recommend the stay. EDD limits benefits for time spent in residential facilities: up to 30 days in an alcoholic recovery home and up to 45 days in a drug-free residential facility, with possible extensions when a physician certifies continued need. File your claim within 49 days of the first day you couldn't work.
• Short-term disability through work, if your employer offers it.

Sober living isn't covered by SDI. Sober living homes aren't licensed treatment facilities, so time in sober living by itself doesn't qualify. Treatment you attend while you live in sober living may still support a claim if a doctor certifies you can't work.

How to ask for leave

1. Find your policy. Look for FMLA/CFRA, medical leave, and substance use policies in your handbook.
2. Tell HR you need medical leave. You don't have to say more than needed. Give 30 days' notice when you can; in an urgent situation, tell them as soon as practical.
3. Get the certification. Your treatment provider fills out the medical certification form. Keep a copy.
4. Line up pay. Ask HR how sick leave and PTO apply, and file for SDI with EDD if you qualify.
5. Plan your return. Ask whether you can come back on a reduced or adjusted schedule while you're in IOP or outpatient care.

Labor Code § 1026 requires your employer to make reasonable efforts to keep your enrollment in rehab private.

Going back to work while you're in sober living

Many people return to work while they're in IOP or outpatient care and living in sober living. IOP runs at least 9 hours a week, and many programs offer morning or evening tracks, so you can usually work around it. A sober living home gives you structure in the hours outside treatment and work.

How The District helps

The District is sober living, not treatment. We have men's and women's homes in all four Orange County areas (West, Central, North, and East). We can help you find licensed IOP and outpatient programs near your house, with schedules that fit a job. Admissions answers 24/7.