FMLA and Addiction Treatment: Your Rights in New Jersey

Medically Reviewed By

Brittany Kowalski, LCSW, ACS, CCS

Clinical Director, Speranza Behavioral Health · Last clinically reviewed August 2026

Your Job Is Protected While You Get Treatment

One of the most common fears that stops people from seeking addiction treatment is the fear of losing their job. If I go to rehab, will I be fired? Can I take time off? Will my employer find out?

The answer, in most cases, is that your job is protected. The Family and Medical Leave Act (FMLA) is a federal law that gives you the right to take unpaid leave for medical treatment — including addiction and mental health treatment — without losing your job or your health insurance.

This guide explains how FMLA works, who qualifies, and how to use it to protect your job while you get the help you need.

What Is FMLA?

The Family and Medical Leave Act (FMLA), passed in 1993, is a federal law that entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for specific medical and family reasons. Addiction and mental health treatment qualify under FMLA because substance use disorder and mental health conditions are recognized as serious health conditions.

Key FMLA Protections

• Job protection. When you return from FMLA leave, you must be restored to your original job or an equivalent position with the same pay, benefits, and terms.
• Health insurance continuation. Your employer must maintain your health insurance coverage under the same terms as if you were still working.
• No retaliation. Your employer cannot fire you, demote you, or discriminate against you for taking FMLA leave.
• Confidentiality. Your employer must keep your medical information confidential and cannot disclose the reason for your leave to coworkers.

Who Is Eligible for FMLA?

Not every employee is eligible for FMLA. To qualify, you must meet all of the following criteria:

1. Your Employer Must Be Covered

FMLA applies to employers with 50 or more employees within a 75-mile radius. If your employer has fewer than 50 employees, FMLA does not apply — but New Jersey has its own family leave law that may cover you (see below).

2. You Must Have Worked for the Employer for at Least 12 Months

You must have been employed by your current employer for at least 12 months. The 12 months don't need to be consecutive, but you must have actually worked during that period.

3. You Must Have Worked at Least 1,250 Hours

You must have worked at least 1,250 hours in the 12 months preceding the leave. This works out to about 24 hours per week. Part-time employees may qualify if they meet this threshold.

4. You Must Work at a Location with 50+ Employees Within 75 Miles

There must be at least 50 employees at your worksite or within a 75-mile radius. If you work at a small satellite office with fewer than 50 employees nearby, FMLA may not apply.

What Qualifies for FMLA Leave?

FMLA leave is available for several reasons, but the most relevant for addiction and mental health treatment are:

Your Own Serious Health Condition

Substance use disorder and mental health conditions are recognized as serious health conditions under FMLA. This means you can take FMLA leave for:

• Inpatient or residential addiction treatment
• Partial Hospitalization Program (PHP)
• Intensive Outpatient Program (IOP)
• Medical detox
• Inpatient or outpatient mental health treatment
• Therapy for addiction, depression, anxiety, PTSD, or other conditions

The key requirement is that the treatment must be prescribed by a healthcare provider. Your treatment center or physician will need to certify that the treatment is medically necessary.

A Family Member's Serious Health Condition

You can also take FMLA leave to care for a family member — spouse, child, or parent — who has a serious health condition, including addiction or mental health conditions. If your spouse, child, or parent is in treatment, you can take FMLA leave to support them.

How Much Leave Can You Take?

Under FMLA, you can take up to 12 weeks of unpaid leave per 12-month period. The 12-month period is measured in one of four ways (your employer chooses which):

• The calendar year
• Any fixed 12-month period (fiscal year, hire date anniversary, etc.)
• A rolling 12-month period measured backward from the date of your last FMLA leave
• A rolling 12-month period measured forward from the date of your first FMLA leave

Intermittent Leave

FMLA leave doesn't have to be taken all at once. You can take intermittent leave — leave in blocks of time — for treatment. This means you can use FMLA for:

• Attending therapy appointments
• Attending IOP sessions (3-4 days per week)
• Attending PHP sessions (5 days per week)
• Medical appointments related to treatment

Intermittent leave is taken in increments of the smallest unit of time your employer uses to track time (typically hours or half-hours). Your employer may require you to schedule intermittent leave in a way that minimizes disruption to operations.

Is FMLA Leave Paid?

FMLA leave is unpaid. However, you may be able to use accrued paid time off (vacation, sick time, PTO) to cover some or all of your FMLA leave. Your employer may allow or require you to use accrued paid time off during FMLA leave.

New Jersey Family Leave Insurance (FLI)

New Jersey is one of a handful of states that offers paid family leave through the state's Family Leave Insurance (FLI) program. This program provides partial wage replacement (up to 85% of your wages, capped) for up to 12 weeks to care for a family member with a serious health condition — including addiction or mental health conditions.

If you're taking leave to support a family member in treatment, you may be eligible for NJ FLI benefits. Note: FLI does not cover your own treatment — it covers caring for a family member. For your own treatment, you may be eligible for New Jersey Temporary Disability Insurance (TDI).

New Jersey Temporary Disability Insurance (TDI)

New Jersey's TDI program provides partial wage replacement if you're unable to work due to a non-work-related disability — and substance use disorder and mental health conditions qualify. If you're unable to work while in treatment, you may be eligible for TDI benefits.

How to Request FMLA Leave

1. Talk to Your Treatment Provider

Before approaching your employer, talk to your treatment provider. They will need to complete FMLA certification forms that document the medical necessity of your treatment. At Speranza Behavioral Health, our admissions team can help you understand what documentation you'll need.

2. Give Your Employer Notice

You must give your employer at least 30 days' notice if the need for leave is foreseeable (such as scheduled treatment). If the need is unforeseeable (such as a crisis), you must give notice as soon as practicable — usually within one or two business days.

3. Submit the FMLA Certification Form

Your employer will provide you with an FMLA certification form (or you can use the Department of Labor's standard form). Your healthcare provider must complete the medical certification portion. This form does not require a diagnosis — it documents that you have a serious health condition and need treatment.

4. Understand Your Rights During Leave

While on FMLA leave:

• Your health insurance continues under the same terms
• You cannot be fired for taking leave
• Your employer cannot require you to work while on leave
• Your employer must keep your medical information confidential

5. Return to Work

When you return from FMLA leave, you must be restored to your original or an equivalent position. Your employer cannot demote you, reduce your pay, or change your benefits because you took leave.

Your Privacy Rights

One of the biggest concerns people have about taking leave for addiction treatment is privacy. Will my employer know I'm in rehab?

Under FMLA and the Americans with Disabilities Act (ADA):

• Your employer must keep your medical information confidential. They cannot disclose the reason for your leave to coworkers, clients, or others.
• You are not required to disclose your diagnosis. The FMLA certification form documents that you have a serious health condition — it does not require a specific diagnosis.
• Your employer cannot ask invasive questions. They can ask for certification that the leave is medically necessary, but they cannot ask for details about your condition or treatment.
• Coworkers do not need to know. Your employer can simply state that you are on leave. They do not need to say why.

What If FMLA Doesn't Apply to You?

If your employer has fewer than 50 employees, or if you haven't met the eligibility requirements, FMLA may not apply. But you still have options:

• New Jersey Family Leave Act (NJFLA). New Jersey has its own family leave law that applies to employers with 30+ employees. It provides similar protections to FMLA, though it covers care for a family member, not your own condition.
• Americans with Disabilities Act (ADA). The ADA requires employers with 15+ employees to provide reasonable accommodations for disabilities, which can include modified schedules or leave for treatment.
• New Jersey Temporary Disability Insurance (TDI). Even without FMLA protection, you may be eligible for TDI benefits if you're unable to work due to addiction or mental health conditions.
• Company-specific leave policies. Many employers offer leave benefits beyond what the law requires. Check your employee handbook.

Don't Let Fear of Losing Your Job Stop You

The fear of losing your job is real, but the law is on your side. FMLA, the ADA, and New Jersey's state laws provide strong protections for people seeking addiction and mental health treatment. If you're ready to get help but worried about your job, call our admissions team at (866) 814-0126. We can help you understand your leave options and coordinate with your employer. Serving all of South Jersey from our Woodbury, NJ location.

About the Author

Speranza Behavioral Health

Content from Speranza Behavioral Health is prepared by the team at our Woodbury, NJ treatment center to help individuals and families understand addiction treatment, mental health care, and available levels of support.