Do we need to give an employee protected time off to enter a substance abuse recovery program?

Employees who request time off for substance abuse recovery may be eligible for protected leave under several state and federal laws.

California’s Labor Code requires an employer of 25 or more employees to provide time off as a reasonable accommodation to any employee who volunteers to enter an alcohol or drug rehabilitation program, if it does not impose an undue hardship on the employer.

Smaller employers may need to consider offering time off for substance abuse treatment as a reasonable accommodation under the Americans with Disabilities Act and California’s Fair Employment and Housing Act.