pain medication

gab · April 2004

I have an employee, who has had some attendance problems and the excuse is someone was sick that she had to take to the hospital, never herself. She has been coached about it. She now is personally sick and has a doctor's note and has been out for 3 days in a row. (We know she really is sick because her supervisor told her that she should go see a doctor.) She called her supervisor last night & admitted to her that she is addicted to pain medication which isn't necessarily an illegal drug (if she has a prescription). She has not been here long enough to qualify for FMLA. Her manager wants to terminate for attendance, but we have a doctor's note and now that we know she is addicted to the pain killers, we are not sure what to do.

What do you think we should do?

deniseE · April 2004

If she doesn't qualify for FMLA and you don't have a similar policy for which she does qualify...I don't know that you're under any obligation to maintain her employment.

We're all inclined to give ee's the most opportunity to improve their lives...but sometimes, that's just not a good business option.

Don D · April 2004

If she is taking her own prescribed medication, there's no issue of illegality, even though perhaps she's addicted. That aside, I agree with the other post. It's simply an attendance issue and you should go with your attendance policy.

neveradull · April 2004

I would move very carefully on this. By stating she is addicted to drugs does this not then become an ADA issue requiring accommodation? Although the drugs she is taking are legal, the amount she is taking is in excess of prescribed amounts. In accordance with our drug free workplace policy I would refer her for treatment and continued employment would be based on completing treatment and remaining drug free.

Gerri · April 2004

Merely by stating she is addicted to drugs does not necessarily make it an ADA issue. If she states she is addicted to drugs and is in treatment or entering treatment, then the ADA is applicable and accommodation can be requested.

System · April 2004

The ADA doesn't protect people who are actively using illegal drugs. I don't know if that extends to misusing a prescription.

James Sokolowski
HRhero.com

Pork · April 2004

James, of course, is absolutely right, pull out your handy dandy policy on EAP. Get an assessment from the chain of authority on how much time and entergy does the company want to spend on this person. Refer and place the ee on a personal leave of absence or terminate, according to the level of interest of the leadership. Lots of interest, do what is necessary to assist this employee without dangering the company. Little interest terminate and refer the individual to a center where she can get some help; be willing to take her back once the program has been completed.

PORK

pain medication

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