How does an employer deal with drug and alcohol dependency?
From the start of their employment, employees need to understand very clearly what is expected of them when it comes to drugs and alcohol in the workplace. Ultimately, the employer has a legal responsibility to accommodate any employee with a disability, which includes drug and alcohol dependency.
Can a employer hold an employee out of work for drug abuse?
If an employee demonstrates obvious signs of an apparent substance abuse or dependency problem, but refuses to admit it, an employer will have the right to hold them out of work (with or without pay) and insist that the employee participate in a medical assessment to confirm the ability to attend work safely.
Do you have to tolerate drinking on the job?
Employers not Required to Tolerate Drinking on the Job Although employers are expected to provide reasonable accommodation to individuals with disabilities, nothing in the ADA requires an employer to tolerate drinking or drug use on the job, or an employee who comes to work under the influence of drugs or alcohol.
Are there employee assistance programs for substance abuse?
Although EAPs now offer many types of programs, helping employees find substance abuse treatment is still a major component of these programs. Employees and supervisors learn about EAPs through orientation and education programs, so they know counseling and referral assistance are available.
From the start of their employment, employees need to understand very clearly what is expected of them when it comes to drugs and alcohol in the workplace. Ultimately, the employer has a legal responsibility to accommodate any employee with a disability, which includes drug and alcohol dependency.
If an employee demonstrates obvious signs of an apparent substance abuse or dependency problem, but refuses to admit it, an employer will have the right to hold them out of work (with or without pay) and insist that the employee participate in a medical assessment to confirm the ability to attend work safely.
What to do if an employee claims to be an alcoholic?
To help reduce these risks, some employers that wish to terminate employment consider a strategy of offering leave and honoring any leave requests when an employee claims to be an alcoholic or addict, but these employers reserve the right following reinstatement from any leave to take action based on preleave conduct.
Employers not Required to Tolerate Drinking on the Job Although employers are expected to provide reasonable accommodation to individuals with disabilities, nothing in the ADA requires an employer to tolerate drinking or drug use on the job, or an employee who comes to work under the influence of drugs or alcohol.
Can a full time job help with alcohol addiction?
Some studies have suggested that full-time work can actually be used as a treatment for those suffering from drug or alcohol addiction. This is because the decreased free-time and the increased responsibility can actually lead to a more positive frame of mind in the client.
How to re-enter the workforce after addiction treatment?
Taking the steps to re-enter the workforce after seeking substance abuse treatment in a rehab program is one of several challenges a person might face in early recovery. Finding gainful employment after completing a drug rehab program can be an intimidating process.
Some studies have suggested that full-time work can actually be used as a treatment for those suffering from drug or alcohol addiction. This is because the decreased free-time and the increased responsibility can actually lead to a more positive frame of mind in the client.
How long can an employee go on unpaid leave for alcohol addiction?
Under the Family Medical Leave act, which applies to companies with 50 or more employees, an employer must allow up to 12 weeks of unpaid leave if an employee wants to pursue treatment for alcohol addiction.
What are the rights of an employee with alcohol addiction?
Confidentiality. An employee or job applicant has the right to confidentiality about medical conditions, including alcoholism. During the hiring process, an employer may ask a candidate if he consumes alcohol, but may not ask about addiction or about the quantity of alcohol the prospective employee routinely consumes.
Are there employee assistance programs for alcohol abuse?
Many companies offer Employee Assistance Programs, or EAPs, to help workers with issues related to alcohol abuse. An EAP is a confidential and free service offered to employees.
What happens if you drink and use drugs at work?
Employees who abuse drugs and alcohol can also make a workplace more volatile and more dangerous, and they can expose employers to legal liability. Alcohol Use at Work Your company’s employee handbook (or its verbally announced workplace policies) should state that drinking on the job is not allowed.
Do you have to pay for alcohol and drug treatment?
Companies are not legally required to implement alcohol and drug policies, nor to pay for treatment for employees with alcohol and drug problems. Active listening: you should be able to read your employee’s reaction to the conversation to decipher how willing they are to consciously accept their addiction.
How does an employer deal with drug and alcohol problems?
For drug and alcohol problems, the employer often requires the employee to complete a drug or alcohol rehab program, provide periodic status reports or a medical release to contact the rehab facility directly, and periodic drug or alcohol tests upon the employee’s return to work.
Who is responsible for the Drug Free Workplace program?
In terms of the Drug-Free Federal Workplace Program, SAMHSA is responsible for enforcing the Mandatory Guidelines on Drug Testing and coordinating the review of agency drug plans under E.O. 12564.
Are there drug testing programs in the workplace?
Drug testing is a prevention and deterrent method that is often part of a comprehensive drug-free workplace program. Both federal and non-federal workplaces may have drug testing programs in place.
What is your role in dealing with alcoholism in the workplace?
Your role is not to diagnose the alcohol problem but to exercise responsibility in dealing with the performance or conduct problem, hold the employee accountable, refer the employee to the EAP, and take any appropriate disciplinary action. Your role in dealing with alcoholism in the workplace is crucial.