Alcohol/Drug Treatment
shandyside
12 Posts
Has anyone encountered an employee who has admitted to his supervisor that he's an alcoholic or drug user "on a binge" and needs to clean up?
This employee called in sick a few days, then admitted to his supervisor that he has a drinking/drug problem and needed to check into a facility to help him clean up. I'm getting the FMLA paperwork ready to mail to him, then he calls supervisor back and says it's going to be an "outpatient" treatment and he's ready to come back to work. He works in healthcare and I think he'd at least need to complete his treatment before I can bring him back. I've never had this happen before -- advice? I know that using drug addict or alcoholic is not covered by FMLA, but I think someone in a program is covered.
This employee called in sick a few days, then admitted to his supervisor that he has a drinking/drug problem and needed to check into a facility to help him clean up. I'm getting the FMLA paperwork ready to mail to him, then he calls supervisor back and says it's going to be an "outpatient" treatment and he's ready to come back to work. He works in healthcare and I think he'd at least need to complete his treatment before I can bring him back. I've never had this happen before -- advice? I know that using drug addict or alcoholic is not covered by FMLA, but I think someone in a program is covered.
Comments
Depending on the policy and the way your company perceives and deals with these issues, it can range from "no way, you're fired if you do", to "certainly, congratulations, we support you and will be here for you throughout the program".
You didn't ask for recommendations, so I won't offer.
If my understanding in this regard is incorrect, please educate. Thanks.
Current users are not disabled under the ADA and have no protection in that regard.
A person who has been 'rehabilitated', who then gets drunk, then stops again? I would not think that person gives up his ADA protection, except at the time he is using or abusing; but, that's a good question to ponder.
If your guy claims he wants to get into treatment and chooses the 'outpatient' route, he enjoys protection while participating in the program and afterwards unless he fails during and/or after the program. My personal take is I have almost zero faith in the non-residential programs.
Agree, current "drug" users have no protection.
Still argue that current "alcoholics" who have not undergone any prior treatment program is protected under the ADA. My argument lies in that alcoholism is a disease protected by the ADA to a certain extent. Therefore, alcoholic self-discloses to employer and indicates s/he wants to seek treatment. Employer must accomodate under ADA and reasonable accomodation is allowing employee time off for in-patient program or out-patient program. But, if the employee fails the treatment program or continues to drink while on the program, the employer has no further obligation to accomodate.
I'm interested in your thoughts on this line of thinking.
H