Returning to Work After Rehab in Wisconsin: Your Rights and Options

Returning to work after rehab in Wisconsin is usually possible, and several federal and state laws can protect the leave you took and your job when you come back, though the protections have limits. Many people worry about what to tell an employer and whether they will have a job waiting. Knowing the rules ahead of time makes that conversation easier.

This guide covers leave protections, what the Americans with Disabilities Act does and does not cover, and where to find help with job searching. It is general information, not legal advice, so check your own situation with your employer, the state agency or an employment attorney.

Can you take leave from work for rehab?

Often, yes. The U.S. Department of Labor explains that treatment for substance abuse may be a serious health condition under the Family and Medical Leave Act (FMLA) if the conditions for inpatient care or continuing treatment are met.¹ The department also notes that inpatient care includes an overnight stay at a treatment center for addiction.²

There is an important limit. FMLA leave may only be taken for treatment provided by a health care provider or on referral from one, and absence because of the use of a substance, rather than treatment, does not qualify.¹ The same guidance says an employer may not take action against an employee for exercising the right to take FMLA leave for treatment.¹

Do federal and Wisconsin leave laws both apply?

Both can apply, and the eligibility rules differ. The state Department of Workforce Development publishes a side-by-side comparison. Federal leave covers employers of 50 or more employees, and the employee must have worked at least 1,250 hours in the preceding 12 months.³ Wisconsin’s law covers employers of at least 50 permanent employees and requires at least 1,000 hours and 52 consecutive weeks of work.³

Question	Federal FMLA	Wisconsin FMLA
Covered employer	50 or more employees	50 or more permanent employees
Hours worked	1,250 in the past 12 months	1,000 in the past 52 weeks
Enforced by	U.S. Department of Labor	Wisconsin Department of Workforce Development

Wisconsin’s law allows two weeks of leave for an employee’s own serious health condition, according to the state’s summary of its labor laws.⁴ Because the federal law is generally longer, many people use the federal entitlement first, but check how your employer coordinates the two.

What does the ADA protect after treatment?

The Equal Employment Opportunity Commission explains that the ADA does not protect a person who currently engages in the illegal use of drugs, but it may protect a person in recovery who is no longer engaging in illegal drug use and who meets the other requirements.⁵ The Commission also says the ADA may protect a qualified person with alcoholism who meets the definition of disability.⁵

Federal guidance lists people who have successfully completed, or are currently in, a rehabilitation program and are no longer illegally using drugs among those protected.⁶ Employers can still hold employees to the same performance and conduct standards as everyone else.⁵

What does state law add?

Wisconsin’s Fair Employment Law prohibits discrimination in employment against any qualified person because of disability, among other protected categories.⁴ If you believe you were treated unfairly, the Equal Rights Division at the Department of Workforce Development is the state agency to contact.

Where can you get help finding or keeping work?

The Division of Vocational Rehabilitation describes itself as a federal and state program designed to obtain, maintain and advance employment for people with disabilities.⁷ Eligibility depends on your situation, so ask about it directly.

You can also look at vocational training and career counseling services in the directory, and ask your program whether it offers aftercare support that includes work planning.

How should you prepare for the conversation with your employer?

• Ask your treatment provider for the paperwork your employer’s leave process requires.
• Ask your employer what information the leave process actually needs, and request that it be handled confidentially.
• Keep copies of every request and response in writing.
• Ask about your return date, your schedule and whether outpatient appointments can fit around your shifts.
• Plan for the first weeks: a lighter commute, regular meals and a person to call if the day gets hard.

If you are struggling with stress at work or after a job change, our career issues listings may help. For free, confidential treatment referral information, call the SAMHSA National Helpline at 1-800-662-4357, or call or text 988 if you or someone you love is in crisis.