Employers may also choose a no-tolerance policy and take disciplinary action, up to and including dismissal, based on work performance problems that may result from an employee`s alcohol or drug abuse. However, it is important to document these issues and any actions taken. An employer is not required to excuse drug or alcohol use in the workplace or any violation of a drug-free employment directive. Here are some of the behavioral characteristics that can occur in the case of substance abuse. Such characteristics do not always report a drug abuse problem, but may warrant further investigation. Supervisors and managers should be trained to detect warning signs such as this: the agreement should state exactly what the employee must do to keep their job. With respect to drug and alcohol-related problems, the employer often requires the worker to undergo a drug or alcohol rehabilitation program, requires regular status reports or medical clearance to go directly to the rehabilitation facility, and regular drug or alcohol testing after the employee returns to work. The ADA will advise employers against dictating the medical treatment of employees. However, a last-chance agreement is an exception to this rule; Employers have more flexibility because they offer to dismiss or retain any other discipline if they do not have to. Here are some of the terms that typically appear in last-chance agreements for employees with drug or alcohol problems: Similarly, JAN has developed guidelines for accommodating employees recovering from drug addiction, under the title Accommodation and Compliance Series: Employees with Drug Addiction. Accommodation ideas include a self-controlled workload, assistance in the workplace and leisure for participation in guidance.
Employers are increasingly faced with the difficult question of how to treat employees who have valid government prescriptions for medical marijuana use or who live and/or work in states that have legalized recreational marijuana. Last chance agreements can be a very useful conservation tool in some situations, but they should be tailored to each individual situation. Employers who choose to use it should contact their lawyer. For more information on other topics to consider, see: Using last chance chords as a storage tool. The goal of a return to the work agreement is to create a safe working environment for all. It`s understandable that your employer may worry about the legal consequences if you were to use drugs or alcohol in your workplace. However, RWA should also benefit you. It should contain the appropriate arrangements you need to perform your work during convalescence. Some employees have tried to use the ADA in case of illegal dismissal, with mixed results.
That`s why it`s important to talk to a lawyer. You know that your employer doesn`t necessarily violate the ADA by getting you to sign a return-to-work agreement that adds conditions to your job after rehabilitation. . . .