Drug or alcohol addiction is a serious health issue that can affect your personal and professional life. You may want to seek help from a drug or alcohol rehabilitation program to overcome your addiction and improve your well-being. However, you may be worried about how your employer will react to your request for accommodation. Will you be denied, penalized, or even fired for seeking drug or alcohol rehabilitation? What if your employer refuses to provide you with a reasonable accommodation to participate in a rehabilitation program? Fortunately, California law protects you from such adverse actions by your employer. In this article, we will explain your rights as an employee under California Labor Code Sections 1025-1028 and how we can help you if your employer violates them.
What are California Labor Code Sections 1025-1028?
California Labor Code Sections 1025-1028 are California laws that require private employers who employ 25 or more employees to do the following:
- Provide reasonable accommodations for any employee who wishes to voluntarily participate in an alcohol or drug rehabilitation program, unless the accommodation would impose an undue hardship on the employer.
- Make reasonable efforts to safeguard the privacy of the employee as to the fact that he or she is participating in an alcohol or drug rehabilitation program.
- Not discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee who voluntarily participates in an alcohol or drug rehabilitation program, provided that the employee agrees to abide by the employer’s rules and policies.
- Not discriminate against an employee who has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs.
These laws apply to all employees in California, regardless of their position, status, or industry.
What are the benefits of California Labor Code Sections 1025-1028?
California Labor Code Sections 1025-1028 provide several benefits for employees who seek drug or alcohol rehabilitation. These include:
- The right to request and receive a reasonable accommodation from your employer to participate in a drug or alcohol rehabilitation program without fear of losing your job or facing other negative consequences from your employer.
- The right to have your participation in a drug or alcohol rehabilitation program kept confidential by your employer as much as possible.
- The right to challenge any denial, discrimination, or retaliation by your employer for seeking or participating in a drug or alcohol rehabilitation program.
- The right to sue your employer for damages, reinstatement, attorney fees, and costs if your employer violates these laws by taking any adverse action against you for seeking or participating in a drug or alcohol rehabilitation program.
- The right to report your employer’s violation of these laws to the Labor Commissioner’s Office, which can investigate and enforce these laws.
What are the limitations of California Labor Code Sections 1025-1028?
California Labor Code Sections 1025-1028 do not cover every situation where an employee may seek or participate in a drug or alcohol rehabilitation program. Some of the limitations of these laws are:
- They do not apply to employees who work for the federal government, the state government, or any political subdivision of the state.
- They do not apply to employees who are exempt from overtime pay under the Fair Labor Standards Act (FLSA), such as executive, administrative, professional, outside sales and certain computer employees.
- They do not require employers to provide paid leave for employees who seek or participate in a drug or alcohol rehabilitation program unless the employer has a policy or agreement to do so.
- They do not protect employees who fail to perform their job duties satisfactorily because of their current use of drugs or alcohol.
- They do not protect employees who engage in the illegal use of drugs after completing a supervised drug rehabilitation program.
How can we help you if your employer violates California Labor Code Sections 1025-1028?
If you believe that your employer has violated your rights under California Labor Code Sections 1025-1028 by firing you, demoting you, reducing your pay or benefits, harassing you, or taking any other adverse action against you for seeking or participating in a drug or alcohol rehabilitation program, you should contact us at Sanford A. Kassel, A Professional Law Corporation. We are a team of experienced and dedicated attorneys who specialize in representing employees against employers for wrongful termination and retaliation. We will evaluate your case and advise you on the best course of action. We will fight for your rights and seek the compensation and justice you deserve. Call us today at (909) 884-6451.
