How do I get short-term disability without losing my job?
If you live in California, a leave of absence for alcohol treatment may be legally protected. First, under Labor Code section 1025, “Every private employer regularly employing 25 or more employees shall reasonably accommodate any employee who wishes to voluntarily enter and participate in an alcohol or drug rehabilitation program, provided that this reasonable accommodation does not impose an undue hardship on the employer.” Second, under Government Code section 12940(a) and (m), employers with 5 or more employees are required to provide reasonable accommodations — which may include leaves of absence for treatment and recovery — to their employees. The federal ADA also requires reasonable accommodations, which again may include leaves for treatment and recovery. The federal ADA covers employers with 15 or more employees. Under the ADA, and particularly in some jurisdictions, it is difficult to demonstrate that a person with alcoholism is a “person with a disability.
It may depend where you are, but, I’ve just gone though the same process. HR gave me a form for short-term disability, the doctor I was seeing at the time filled it out, charged me a nominal fee for her time, I returned the form to HR, or it might have been to the insurance company itself, I don’t recall at the moment. One thing I would recommend is NOT to divulge the reason to your company. It is between you, your doctor, the insurance company who should keep it confidential, and your treatment center. While on short-term disability, the insurance company should be covering your salary, your company need not know. Best of luck. The addiction crept up on me. It’s only alcohol, didn’t expect it.
If you live in California, a leave of absence for alcohol treatment may be legally protected. First, under Labor Code section 1025, “Every private employer regularly employing 25 or more employees shall reasonably accommodate any employee who wishes to voluntarily enter and participate in an alcohol or drug rehabilitation program, provided that this reasonable accommodation does not impose an undue hardship on the employer.” Second, under Government Code section 12940(a) and (m), employers with 5 or more employees are required to provide reasonable accommodations — which may include leaves of absence for treatment and recovery — to their employees. The federal ADA also requires reasonable accommodations, which again may include leaves for treatment and recovery. The federal ADA covers employers with 15 or more employees. Under the ADA, and particularly in some jurisdictions, it is difficult to demonstrate that a person with alcoholism is a “person with a disability.” These three laws
It may depend where you are, but, I’ve just gone though the same process. HR gave me a form for short-term disability, the doctor I was seeing at the time filled it out, charged me a nominal fee for her time, I returned the form to HR, or it might have been to the insurance company itself, I don’t recall at the moment. One thing I would recommend is NOT to divulge the reason to your company. It is between you, your doctor, the insurance company who should keep it confidential, and your treatment center. While on short-term disability, the insurance company should be covering your salary, your company need not know. Best of luck. The addiction crept up on me. It’s only alcohol, didn’t expect it.
