For example, an alcoholic employee may be substantially limited in his or her ability to walk, talk, think, or work as a consequence of uncontrolled drinking. For alcoholic employees protected by the ADA, reasonable accommodation normally will involve granting appropriate leave to attend a detoxification or rehabilitation program.
Full Answer
How can employers deal with alcohol and drug addiction in the workplace?
Mar 22, 2022 · Treatment for a drug- or alcohol-use-induced physical illness, such as liver failure. Care for parents, children, and other close relatives who require treatment for a SUD or substance-use-related health condition. Under the FMLA, an employer cannot demote, fire, or refuse the promotion of an employee who utilizes their leave. 1
What are an employer's obligations toward alcoholics?
Aug 16, 2017 · Although employers are expected to provide reasonable accommodation to individuals with disabilities, nothing in the ADA requires an employer to tolerate drinking or drug use on the job, or an employee who comes to work under the influence of drugs or alcohol. Moreover, employers may discipline employees for improper behavior on the job, even if the …
Can my employer require me to stop drinking on the job?
Mar 07, 2016 · The US National Institute on Drug Abuse (NIDA) recommends a minimum of 90 days (or longer) for most treatment programs due to the lower relapse rates associated with longer treatment programs. However, 90 days is a long time to be away from the workplace.
What is the employer’s role in the early treatment of alcoholism?
Apr 04, 2022 · How Long is Alcohol Rehab? Depending on your personalized needs, rehab can last anywhere between a few days if you just need detox, to a month or longer if you require inpatient or residential treatment. Learn more about the length of rehab programs and whether insurance may be able to cover at least some of the cost of treatment: 30 Day Rehabs
What if an employee has a substance abuse problem?
First and foremost, if an employee is reasonably suspected of being impaired in the workplace, the employer should take immediate action to remove the employee from any safety-sensitive work and should investigate the potential impairment by (1) gathering evidence from supervisors (ideally trained in identifying drug ...Sep 19, 2018
Is alcoholism a disability under Feha?
Under California law, alcoholism may be considered a disability under the Fair Employment and Housing Act (FEHA) if it “limits” major life activities. (Gov. Code § 12926.) In contrast with the ADA, the FEHA does not require a substantial limitation.Dec 4, 2016
Is alcoholism considered a disability?
For example, the California Fair Employment and Housing Act (FEHA) treats alcoholism as a disability. FEHA defines disability to include impairments that limit the ability to work. The ADA has a higher standard, requiring that a disability substantially limit an individual's ability to work.
Does ADA cover recovering alcoholics?
Under the ADA, individuals who abuse alcohol may be considered disabled if the person is an alcoholic or a recovering alcoholic. Indeed, alcoholism can result in the fairly obvious impairment of major life activities such as walking, standing, and thinking. Case law is in agreement.Mar 30, 2016
Can you fire an employee for being an alcoholic?
While employers are free to terminate and can refuse to hire anyone whose alcohol or drug use impairs their ability to perform the duties of their job, employers cannot fire or take other negative employment actions against an employee because of their status as an alcoholic or drug addict. California and federal laws ...Apr 30, 2017
Is being an alcoholic a disability UK?
An addiction to alcohol, nicotine or any other substance isn't a disability. But you might be disabled if your addiction caused an impairment. For example if you have liver disease or depression caused by alcohol dependency, that would be an impairment.
How much benefits do alcoholics get?
Around £265,000 is handed over every week to claimants whose main condition is classified as alcohol abuse. That is the equivalent of £14m a year – funded by the public purse. Under the current legislation, alcoholics can claim benefits even if they refuse treatment for their problem.Mar 9, 2013
Can alcohol make you mentally ill?
Alcohol and mental health. While the effects of alcohol can sometimes have a short term positive impact on our mood, in the long term it can cause problems for mental health. Drinking alcohol is linked to a range of mental health issues from depression and memory loss, to suicide.
Can alcohol permanently damage your brain?
Multiple studies have found a link between excessive alcohol use and damaged brain function, resulting in such conditions as dementia, deficits in learning and memory, mental disorders, and other cognitive damage. Without intervention, the brain can be permanently impaired by chronic alcohol use.
Which of the following is an example of substance abuse that is covered under the ADA?
[7] Under the ADA, illegal use is broader than just the use of drugs that are commonly viewed as illegal. It includes the use of illegal drugs that are controlled substances (e.g., cocaine) as well as the illegal use of prescription drugs that are controlled substances (e.g., Valium).
What determines if a health care worker is qualified to perform a job within the meaning of the ADA?
To be qualified to perform a job under the ADA, an individual must satisfy the requisite skill, experience, education, and other job-related requirements (“qualification standards”) of the position held or desired, and be able to perform the job's essential functions with or without a reasonable accommodation.Feb 26, 2007
Does addiction fall under ADA?
Addiction is generally considered a disability because it is an impairment that affects brain and neurological functions. The ADA applies to addiction to alcohol and to the illegal use of drugs differently.
How much does alcohol cost in the workplace?
Numerous studies and reports have been issued on the workplace costs of alcoholism and alcohol abuse, and they report costs that range from $33 billion to $68 billion per year. Alcohol is a major factor in injuries, both at home, at work, and on the road. Nearly half of all traffic fatalities involve alcohol.
What is the deteriorative stage of alcoholism?
The late, or deteriorative stage, is best identified as the point at which the damage to the body from the toxic effects of alcohol is evident, and the alcoholic is suffering from a host of ailments. An alcoholic in the final stages may be destitute, extremely ill, mentally confused, and drinking almost constantly. The alcoholic in this stage is suffering from many physical and psychological problems due to the damage to vital organs. His or her immunity to infections is lowered, and the employee’s mental condition is very unstable. Some of the very serious medical conditions the alcoholic faces at this point include heart failure, fatty liver, hepatitis, cirrhosis of the liver, malnutrition, pancreatitis, respiratory infections, and brain damage, some of which is reversible.
What is the role of a supervisor?
Supervisor’s Role. As a supervisor, you have an important role in dealing with alcohol problems in the workplace, along with other agency officials. You have the day-to-day responsibility to monitor the work and on-the-job conduct of your employees. You are not responsible for diagnosing alcoholism in employees.
How many people abuse alcohol?
Alcohol is the single most used and abused drug in America. According to the National Institute on Alcohol Abuse and Alcoholism (NIAAA), nearly 14 million Americans (1 in every 13 adults) abuse alcohol or are alcoholics. Several million more adults engage in risky drinking patterns that could lead to alcohol problems.
What is the theory of alcoholism?
Its basic tenets are that alcoholism is a disease with recognizable symptoms, causes, and methods of treatment. In addition, there are several stages of the disease which are often described as early, middle, and late. While it is not essential for a supervisor to fully define these stages, it is useful to understand them in terms of how the disease presents itself in the workplace.
Is alcoholism fatal?
The disease is often progressive and fatal. It is characterized by impaired control over drinking, preoccupation with the drug alcohol, use of alcohol despite adverse consequences, and distortion in thinking, most notably denial.". Alcohol is the single most used and abused drug in America.
What is the early stage of alcoholism?
The early or adaptive stage of alcoholism is marked by increasing tolerance to alcohol and physical adaptations in the body which are largely unseen. This increased tolerance is marked by the alcoholic’s ability to consume greater quantities of alcohol while appearing to suffer few effects and continuing to function. This tolerance is not created simply because the alcoholic drinks too much but rather because the alcoholic is able to drink great quantities because of physical changes going on inside his or her body.
What is FMLA for addiction?
Both the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) protect addicted individuals from discrimination and help them get the treatment they need without losing the jobs they need to survive. Once you enter a rehabilitation program, you’re protected by the ADA and cannot be fired for reasons related to your addiction or the treatment process, even if it causes you to miss work. If you are fired, you can file a charge of discrimination against your employer. This applies to all state and local government employers and private companies with 15 or more employees. Under the FMLA, qualified employees can take 12 weeks of medical leave for issues that include addiction disorders each year. Unfortunately, this leave is generally unpaid unless the employer chooses to provide paid leave. This may not be an option for part-time or contract employees or for those who cannot afford to go several weeks without pay.
What is a return to work agreement?
This is a written document containing all of the employer’s expectations for employees coming back to work after completing a treatment program for an addiction disorder. This is typically used in the case that the employer approached the addicted individual for failure to meet work responsibilities or inappropriate behavior related to substance abuse. If the employee then invokes the right to attempt treatment before being fired, it’s likely that a Return-to-Work Agreement will be arranged.
How much does drug abuse cost the US?
After all, drug and alcohol abuse costs the US over $700 billion each year, mostly from workplace accidents, crime, healthcare, and loss of productivity.
What is a medical professional?
A medical professional may be able to provide more information on state disability benefits and guide individuals through the application process. It’s also important to know that employers are required to maintain confidentiality regarding their employees’ medical issues.
How many people in the US were addicted to drugs in 2009?
According to the National Survey on Drug Use and Health, there were 23.5 million people in the US aged 12 or older who needed addiction treatment in 2009, but only 2.6 million of them received any treatment. Knowing your rights in terms of addiction treatment while employed can be the first step toward getting needed help.
Is addiction a mental illness?
However, there are laws that protect people with addiction disorders from workplace discrimination and particularly from being fired for addiction, which is considered to be a legitimate mental illness.
Can you be fired for addiction?
Once you enter a rehabilitation program, you’re protected by the ADA and cannot be fired for reasons related to your addiction or the treatment process, even if it causes you to miss work. If you are fired, you can file a charge of discrimination against your employer.
What is a last chance agreement?
Often, a "last-chance" agreement between an employer and employee can document the employee's treatment and rehabilitation obligations and support disciplinary action if the employee does not live up to his end of the agreement.
Can an employer discipline an employee for drinking?
Moreover, employers may discipline employees for improper behavior on the job, even if the employee can attribute the action to his or her alcoholism. For example, an alcoholic manager who claims that his alcoholism led him to drink, and that he sexually harassed his secretary while intoxicated, could not win an ADA lawsuit if the employer terminated him for the harassment.
Can an alcoholic be protected by the ADA?
Alcoholic employees may be protected by the ADA if they can prove that they are "substantially limited in a major life activity" or that they are "regarded as" such. For example, an alcoholic employee may be substantially limited in his or her ability to walk, talk, think, or work as a consequence of uncontrolled drinking.
How long should I stay away from work?
Bottom line: The US National Institute on Drug Abuse (NIDA) recommends a minimum of 90 days (or longer) for most treatment programs due to the lower relapse rates associated with longer treatment programs. However, 90 days is a long time to be away from the workplace.
What is the ADA?
The Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of life, including the workforce. This act defines what qualifies as a disability to include individuals who struggle with substance abuse, including alcoholism and drug addiction.
What does it feel like to be a supervisor?
As a supervisor, you may feel frustrated, angry or disappointed in how the employee has underperformed on the job or let his team down. You may also feel relief that your employee is finally getting much-needed help, or worry about how he or she will cope after rehab. You need to put these feelings aside, however, and understand your legal responsibilities in the workplace.
How long can an employee take FMLA?
FMLA allows eligible employees to take an unpaid leave of absence for up to 12 weeks within a 12-month period. Finally, understand that your employee is entitled to privacy about his or her decision to seek treatment. Yes, break room gossip is inevitable.
Can you fire someone for drug abuse?
Yes, you can fire an employee if his or her performance has declined because of drugs or alcohol abuse. You also have the right to test you for drugs and fire you for drug use. However, once an employee announces that he or she is seeking treatment, you cannot fire them for this decision.
What is Title I of the ADA?
Title I of the ADA covers equal employment opportunities and benefits for individuals with disabilities. While ADA does not protect individuals who are actively using drugs from being fired, the act does protect individuals who seek treatment from being fired.
What is a return to work agreement?
A return-to-work agreement (RTWA) is a written document codifying an employer's expectations for an employee who has completed alcohol or drug treatment. The Beachway Therapy Center team recommends that employers set up an RTWA with any employee who leaves for treatment. An RTWA is an important accountability document that clearly outlines expectations for the employee following treatment, including any future drug testing requirements that could lead to a fireable offense. Here's a great RTWA sample to get you started from the U.S. Department of Labor.
What is aftercare in rehab?
This way, you will be prepared for your post-rehabilitation life and for any specific therapeutic services you’ll need. Therapy appointments will be scheduled to help you to maintain your sobriety after you are discharged from rehab. Your unique strengths and weaknesses will help determine what goes into your aftercare plan.
How does alcohol affect people?
Drinking too much alcohol can lead to problems that affect several areas of a person’s life. As drinking progresses, a person may begin to isolate themselves from their family to drink. They may frequently call in sick to work or avoid social gatherings. They may end up with a suspended or revoked driver’s license from drinking and driving, making it difficult to meet family or work responsibilities. 2,3 And, though many people with alcohol use disorder continue to live with their families and function to some extent at their jobs, alcoholism rates are relatively high among the homeless, potentially reflecting a decline in social and occupational functioning among this group. 2
How to maintain sobriety?
Knowing your rights under the law will make it easier to ask for the help and resources you need to get better and/or receive the accommodations you need to maintain your sobriety. Avoid telling any coworkers before telling your boss.
How to deal with addiction issues?
Because issues with addiction can spiral out of control, it is important that you talk to your boss as soon as you can. Having an upfront, honest conversation can save you from losing your job down the line. Do your research. Learn about your company’s policies.
What laws prohibit discrimination against people with disabilities?
Federal law prohibits employers from discriminating against employees based on disability. Many people with past or current drug or alcohol problems are protected from discrimination by: 1 1 The Americans with Disabilities Act (ADA). 2 The Rehabilitation Act of 1973.
What is the ADA?
The Americans with Disabilities Act (ADA) prohibits most employers from refusing to hire, firing, or discriminating against qualified potential employees based on their disability. The law protects workers in recovery from alcoholism or drug addiction and qualifies addiction as a disability. 6
What happens if you test positive for drugs?
If you test positive for drugs during a drug test, this information will be kept confidential, like any medical record. 6 You may also be tested after returning from treatment. If you test positive, your employer may consider you a “current” drug user and terminate your job. 6.
Can an employer take a drug test?
An employer can drug test at any time. If you are applying for a position, you may be required to take a drug test as a condition of your job offer. You may also be required to take drug tests even if the drug test is not related to your position or necessary for the business.
How long is FMLA?
FMLA gives employees up to 12 weeks of unpaid leave during a 12-month period for certain qualifying reasons. 4 One qualifying reason for leave is a serious health condition by which your healthcare provider finds you unable to work at all or unable to perform any one of the essential functions of your job.
Alcoholism in The Workplace: A Handbook For Supervisors
- Introduction
The National Council on Alcohol and Drug Dependence defines alcoholism this way: Alcohol is the single most used and abused drug in America. According to the National Institute on Alcohol Abuse and Alcoholism (NIAAA), nearly 14 million Americans (1 in every 13 adults) abuse alcoho… - Alcoholism in the Workplace
As far as the Government as an employer is concerned, an employee’s decision to drink is that individual’s personal business. However, when the use or abuse of alcohol interferes with the employee’s ability to perform his or her duties, the employer does have legitimate concerns, incl…
Next Steps
- Employee Assistance Program
Employee Assistance Programs deal with all kinds of problems and provide short-term counseling, assessment, and referral of employees with alcohol and drug abuse problems, emotional and mental health problems, marital and family problems, financial problems, depend… - Human Resources, or Employee Relations Program
The role of the Human Resources, or Employee Relations office in dealing with cases of substance abuse is to advise management of appropriate adverse, disciplinary, or other administrative actions which may be taken. They also advise employees of their rights and the p…
Considerations During and After Treatment
- Leave Status
During the period of time that the employee is away from work receiving treatment, he or she will usually be carried in some type of approved leave status. In most cases, it would be appropriate for the employee to be carried on any available sick leave. Otherwise, annual leave or leave with… - Return to Duty
When the employee has completed any treatment requiring extended absence and is ready to return to work, it is a good practice to have a back-to-work conference. The conference should be attended by you as the supervisor, the employee, the EAP counselor, a staff member from the tr…
Other Topics
- Alcohol Testing
Generally, agencies do not have the authority to conduct mandatory alcohol testing. Although some agencies may have the equipment and trained personnel to administer an alcohol test, such a test would be voluntary. Most alcohol testing would probably be conducted with an evidentiar… - Intoxication at Work
An area that is often troublesome for supervisors is what to do when an employee is apparently under the influence or intoxicated at work. Agencies have a fair amount of latitude about what to do in these situations. The following is a list of steps you should take in dealing with such a situ…
Conclusion
- Alcoholism is a disease. Employees who suffer from it need the agency’s compassion. However, sometimes that compassion has to be firm in order to communicate that, while the agency is willing to help the employee get assistance, the employee is ultimately responsible for his or her own rehabilitation, recovery, and performance. The best help that you as a supervisor can offer i…
Appendix - The Disease of Alcoholism
- There are, and have been, many theories about alcoholism. The most prevailing theory, and now most commonly accepted, is called the Disease Model. Its basic tenets are that alcoholism is a disease with recognizable symptoms, causes, and methods of treatment. In addition, there are several stages of the disease which are often described as early, middle, and late. While it is not …