According to reports, about 10%-25% of the U.S. population operates under the influence of alcohol or drugs while on duty. Make sure that any evidence presented is factual and directly related to work. Terminating someone can significantly impact their career, so avoiding misrepresentation is essential, which not only violates ethical standards but may also lead to legal consequences. When dealing with a person’s problem, it’s best to have a face-to-face meeting if it’s safe. Address the issue respectfully, focusing on problem-solving rather than aiming to get the person fired.
Employers: How to Handle Employee Alcohol and Drug Use
This Act prohibits employers of services from firing, discriminating against, or refusing to hire suitable and qualified employees because of their disability which includes addiction. The law protects employees that are either on admissions, recovery or seeking help. FMLA act provides employees the opportunity of unpaid work leaves to get help for an addiction. FMLA offers up to 12 weeks leave within 12 months based on specific reasons such as a referral from a medical professional. Workers who are eligible for this recovery opportunity are those found unable to function optimally at their place of work.
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Some facilities offer flexibility, such as attending 9 hours on the weekends. Outpatient programs for alcohol and drug use involve attending treatment sessions at a rehab facility while continuing to live at home. These programs give you the flexibility to continue working and fulfilling other responsibilities while going to rehab. However, your employer cannot ask your health care provider directly for any information about you unless you authorize it. HIPAA also prohibits your healthcare provider from giving your employer any health information without your authorization, unless required by law. If you have a medical condition that causes symptoms similar to intoxication and your employer singles you out for drug testing or disciplinary action, they can addiction recovery activities be charged with discrimination.
What Is the Process for Involuntary Commitment?
Reassure your employer that you have anticipated and addressed any concerns that may arise from your absence. For example, extra workload for your coworkers, upcoming deadlines, or schedule adjustments. Offer possible solutions to make any temporary disruptions as manageable alcoholic ketoacidosis smell as possible. When someone begins using drugs of any kind they may start feeling as if they need larger and more frequent doses, even with something that started as social experimentation. If you have concerns about drug use in the workplace, consider reporting the issue to HR or a supervisor so appropriate measures can be taken. Moreover, maintaining confidentiality in reporting, considering alternative solutions, and reflecting on motives to ensure they align with professional standards can’t be overstated.
- For more information on testing your employees, see Nolo’s article on Testing Employees.
- If you have a medical condition that causes symptoms similar to intoxication and your employer singles you out for drug testing or disciplinary action, they can be charged with discrimination.
- If some or all of the signs of drug abuse are present, there are options that can be utilized to receive help.
- If you believe you or someone you love may be struggling with addiction, let us hear your story and help you determine a path to treatment.
- You may deal with that employee through your company’s standard disciplinary procedures.
In other words, they eco sober house cannot single you out for drug testing based on physical symptoms such as disorientation, slurred speech, or poor coordination. These physical symptoms can be signs of intoxication but can also be caused by serious physical disabilities and medical conditions such as fluctuations in blood sugar levels and mental illnesses. They cannot, however, single you out for drug testing based on your appearance or behaviors that may give the impression that you are using drugs or alcohol. The law of drug testing is changing rapidly as more courts rule on employee lawsuits claiming that a particular drug test violated their right to privacy.
The FHA mandates housing facilities to provide equal rights to people with disabilities. In addition, this law prohibits discrimination of any sort against individuals that identify with ADA. While it is legal to terminate employment for valid reasons, attempting to get someone fired without concrete evidence is unethical. During inpatient treatment, you may have access to your electronic devices outside of treatment hours.
Medication may also impair judgment and abilities, which could impair a worker’s ability to meet job requirements. Transitioning from rehab into everyday life and going back to work is another aspect that one should consider to pick up the pieces with ease. A simple “I’m sorry to hear about your situation; if there’s anything I can do to help, please let me know” can be appropriate. Before taking action, reflect on your motives to ensure they are professionally justified and not driven by personal biases. This ensures that your actions align with ethical and professional standards, fostering a fair and just work environment.
The following outlines some of the physical and also behavioral signs that someone could be using drugs. Addiction Resource team has compiled an extensive list of the top drug rehabilitation facilities around the country. Click on the state you are interested in, and you’ll get a list of the best centers in the area, along with their levels of care, working hours, and contact information. The Social Security Administration can determine whether or not a sufferer may qualify for assistance or supplemental income. In addition, the American Society for Addiction Medicine offers educational programs and information on self-advocacy, networking, treatment programs, and aftercare services. In 2016, an estimated 19.9 million people aged 18 and above needed substance abuse treatment; only 10.8% of this number (2.1 million) received treatment.