Does my Employer Have to Accommodate Me While I’m at Rehab?

Private employers who employ 25 or more employees must provide reasonable accommodations for employees to participate in an alcohol or drug rehabilitation program if it does not impose an undue hardship on the employer. Employers must also make a reasonable effort to safeguard the privacy of employees participating in a rehab program. Employers are not required to pay an employee for the time off while the employee is in a rehabilitation program, however, the employee can use their paid sick leave. 

Additionally, these rehab protections do not prohibit an employer from refusing to hire or discharging someone because current alcohol or drug use makes the person unable to safely perform the duties of the job.

Labor Code Sections 1025-1028