Employee Drug Rehabilitation Agreement
To effectively treat your addiction, you may need to take a leave of absence from work. If your employer discovers that you were in rehabilitation, you may need to sign a return-to-work agreement before returning to your workplace. Here`s what you need to understand about these agreements and your rights as collaborators. The worker voluntarily signed an authorization allowing the employer to obtain information from the health professional on the recommendations and compliance with the worker`s continuing care recommendations. The employee undertakes to follow all the recommendations of the health professional. The employee documents the obligation to attend appointments and other necessary representations. The worker understands and agrees that the employer monitors compliance with the recommendations of health professionals. The employee agrees to be subjected to unannounced follow-up tests for a period of time (list period). It may be helpful to give the employee general deadlines to meet each of the terms of the last chance agreement to ensure that the employee is progressing towards a return to work and productivity. For example, the employee could be asked to go to rehabilitation as soon as the facility can accommodate him/her, to submit status reports halfway through and after graduation, and to undergo monthly drug or alcohol testing within the first six months of returning to work. Should an employer offer a “fixed choice” or “last chance agreement” to a worker who might otherwise be fired for poor performance or misconduct due to alcohol or drug abuse? Many federal requirements govern drug-free employment policy. Narcotics Anonymous has compiled a list of the effects of employees` alcohol dependence in the workplace. Since alcohol affects workers` performance, some of the observed effects are that employers who have drug testing programs must be extremely careful not to educate employees to test simply because they look or act as if they are under the influence of drugs or alcohol.
Many of the physical symptoms often associated with intoxications – blurred language, disorientation or lack of coordination – can also be the result of a severe physical disability or medical condition such as diabetes, low blood sugar or mental illness. Persons benefiting from these conditions are protected in accordance with the provisions of the ADA. Removing them for testing or disciplinary action could result in accusations of discrimination. A representative of the EAP can also refer you to a care program that offers partial hospitalization as opposed to hospital care. . . .