alcoholism employee

Eve

How many times is an employee required to take bak an employee after alcoholism rehab? Does the ADA specifically spell it out -is one time suffcient? And if we have allowed an employee who has fallen off the wagon again and gone back to rehab- are we required to take them back if they are successful in their second or third time in rehab? What if they are unable to perform the basic duties of the job and we have actually allowed them to come back but in a lesser capacity with a lesser pay and they are still having difficulty?

LindaS

When you say the EE is having "difficulty", what specifically are you talking about? Is the EE missing work due to being under the influence? Is the EE reporting to work hung over? When you say that they were "unsuccessful" in rehab., what do you mean? What type of agreement did you have, in writing, allowing the EE to return to work in the first place? Did you require some sort of verification that they completed the treatment?

As for the amount of times you have to take the EE back, while the ADA does not specifically require a set number of times, if the EE has completed their rehab yet continues to drink to the point that it is affecting the performance of their job, you then would address in from a performance standpoint and follow your discipline process.

We have had EEs who were required to attend treatment due to positive alcohol tests and we require the EE to complete ALL treatment the counseling service deems necessary. The EE is also required to sign the authorization form allowing the counselor to verify their attendance at the appointments. Failure on the part of the EE to complete the treatment results in termination of employment.

Irie

Our policy is the same as LindaS's. You may want to contact you attorney to make sure you are not violating any provisions of the ADA.