Substance Abuse - Rehabilitation - Return to Duty
HRDallas
16 Posts
We have an employee that just went out on STD for substance abuse rehabilitation. Prior to his leave I instructed him that he was under no obligation to give details to anyone, however he almost proudly announced to all the details of his situation to co-workers & even vendors. The employee had casually mentioned to his supervisor approx 3 mo earlier that he was tired & could use rest & "maybe he should check himself into rehab to rest up". Needless to say, there is some suspicion about the whole issue. But, being the good ER that we are, we accepted the Dr's statement & he's on paid leave. The problem we face is what rights do we have after he comes back to work. This is an Advertising Agency & as many know it is not at all uncommon to have alcohol on premises, happy hours & company sponsored events with alcohol. (I know, I know, this is a lawsuit waiting to happen, but I can't get it changed, I've tried!) The employee on leave works in a Dept that particularly likes to party & have Happy Hours & offsite parties frequently. When the ee returns, the supervisor wants to know if she has any right to instruct the ee that he is not allowed to drink alcohol if he participates in any socialization with the rest of the dept. Also, in the event that he did begin drinking during such events (& all of his co-workers will be more than miffed if he does, since they're picking up his workload) do we have any right to discipline or terminate? Sorry for being long-winded, but if anyone can offer some insight as to legally what we may be able to do & definitely better not do, I'd appreciate it. Thanks,
Comments
Do you drug and alcohol test? And if so, what is your policy for someone who has violated that?
First, if you don't have a substance abuse policy, contact a lawyer to write one up. I don't recommend that you try to write one on your own b/c these days with HIPAA, if you don't admin it consistently or don't protect an ee's test results you could possibly violate HIPPA laws. Such as if an ee's test result came back positive for Oxycotin, which is a powerful pain killer often misused recreationally, this should be kept confidential in the event that in this instance it is used for medical purposes.
Next, I wouldn't punish an employee for seeking treatment for a problem, even if you feel he handled the news of his leave poorly, but you can set him up on a disciplinary plan ONLY if you have a policy. Then you actually can prohibit an employee from using on business hours b/c it is a hazard to the safety of the other employees b/c the employee is a self proclaimed alcoholic who is receiving treatment.
Remember, alcoholism is covered by the ADA and now you know he is seeking treatment for his problem, so you have just now entered a whole new playing field.
You really need to consult with legal counsel to get you a substance abuse plan, then have your legal counsel explain to you how this is tied to ADA.
Use the time he is off wisely to establish these guidelines and then ensure they are enforced.
Good luck and let us know how it goes.
JM
My $0.02 worth.
DJ The Balloonman
To answer Sonny, the supervisor has known this ee for some time & apparently this isn't his 1st time in rehab. In add'n he 1st told us he was checking into in-patient, then we're told he's doing out-patient 9-3 daily. His coworkers are swamped & upset that they're doing his work because they feel he's not serious about his recovery. It's all subjective, yes, but people are human. I've told the supervisor that we should take the stance that it's all on the level unless there's definite proof otherwise. For the most part, the ee on leave is digging his own grave because he calls his co-workers etc & seems so happy that they suspect he's goofing off while they're working hard. That's the soap opera this week, if only employees were all adults!
Of course that tale is made up; but, it sounds about like yours.
I find it almost humorous that some of you are talking about enforcing an alcohol policy at the same time the employer is laying the booze out in the office and having it available to employees and clients. You know better than I do that you have a deep culture problem there and the whole atmosphere lends itself to exactly the problem you anticipate. Best of luck. But luck ain't gonna do it.
Since my company distributes Rx drugs, if one of my employees develops a substance abuse problem I should just shut down the whole business? I mean we would be putting drugs in the ee's face every day, so really what you are saying is that we have a, how did you put it.... "a deep culture problem" and that "the whole atmosphere lends itself to exactly the problem anticipate{ed}".
I think it is both the employer and ee's responsibility that they can both provide the mutual and expected benefits of an employment relationship; regardless if the employee has a substance abuse problem or not. If it is the company's culture to entertain clients and that involves alcohol then yes, it is the employers duty to acknowledge and prevent a self proclaimed addict from indulging in such activities. Even when it is in the addicts face. If the employee can't handle the environment, then it is the ee should end the working relationship.
However the poster has a couple of complex problems and that is attendance and performance of the addict, employee morale for having to deal with the addicts work load and management who doesn't care to acknowledge that any problem exists and needs to be corrected. THAT is the problem with the company's culture which feed the problem and the atmosphere.
Therefore I suggest to the poster that when you have ee's requesting leave for medical reasons it should be document just as you would FMLA leave. And establish guidelines and rules. How to pay for medical while out (send check to x); do not contact the employees only your manager and this should be for status updates as to when you will return to work. When you return you must have a dr.s note, etc.
Your addict ee is taunting his co-workers with this issue and the fact that he seems healthy but isn't at work is making them resent him b/c they are picking up his pay-load. I would suggest that maybe you have a counselor or EAP specialist (you can contract one) talk to your staff about addictions and why employees may not "look sick" even though they are. Maybe that will help you all get back to the task at hand... your jobs!
Am I the only one seeing a lawsuit brewing here? (no pun intended)
I can see it now...an employee or a customer has a few drinks (compliments of this completely irresponsible employer) and then drives home drunk and has an alcohol related accident along the way...you can imagine where this could lead. A lawyer would have a field day with this.
What a horrible situation...glad I'm not in mixed up in this mess.