Explain that addiction is a disease, rather than a character flaw, or moral failing, and that help is available to get their lives back on track. Persuade your employee in a gentle, caring manner, of the need to access rehab treatment. Avoid an accusing tone and begin by telling them you are worried about them.
Full Answer
Should you approach an employee who might be dealing with addiction?
In almost every case, the simple answer to whether you should approach an employee who might be dealing with an addiction is “don’t.” Yes, employees may very well be dealing with addiction issues—illegal drug use and alcohol abuse in the United States are wide-ranging and prevalent.
Can an employer refuse to hire someone with an addiction?
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
Do employers have to address substance abuse issues with employees?
Because substance abuse is pervasive, eventually almost every employer may need to address substance abuse issues with employees. However, discrimination and medical privacy prohibitions loom large over employers when interacting with an employee who may be an addict.
How do I talk to my boss about my addiction?
Have the conversation sooner rather than later. 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 I have to tell my job I'm going to rehab?
Let your employer know how much your job means to you and that you want to stay in your job and perform well. Tell your boss that you have a medical condition for which you need treatment. You will probably have to be upfront about your condition.
What happens if you tell your employer you have a drug problem?
In the US, your employer can discipline or fire you if your alcohol or drug use impairs your ability to do your job. However, employers cannot discipline or fire you simply because you tell them you have a substance problem.
Can you get fired for being a drug addict?
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 ...
How do you tell if an employee has a substance abuse problem?
Signs an Employee Is Using DrugsFrequent Absences and Tardiness. ... Reduced Work Performance. ... Abrupt Changes In Mood. ... Frequent Illnesses and Health Problems. ... Poor Physical Hygiene. ... Increased Financial Problems.
Should I tell my boss I have a drug problem?
If you have a substance abuse problem and you plan to check into a rehab center for treatment, the bad news is that you will have to tell your employer. It's a conversation that simply can't be avoided. The good news is that you almost certainly won't suffer any consequences for it.
Should an employee be dismissed for substance abuse?
It is clear from these acts that substance dependence should be handled as incapacity and not a kind of misconduct. Therefore, an employee cannot be dismissed for unsatisfactory performance due to his condition, but the employer should consider appropriate counselling and rehabilitation steps.
Is addiction a protected class?
' " Current illegal drug use is not protected, but recovering addicts are protected under the ADA.
Can an employer accuse you of being on drugs?
Employers can accuse you of serious offenses, such as theft, drug use or assaulting another employee. However, your employer is not a legal authority, and workplace allegations are not the same as criminal charges.
What are some behaviors that would indicate that a worker may be under the influence of the drugs?
Some signs that someone may be under the influence of a drug include:Enlarged pupils, bloodshot or glassy eyes.Increased energy and confidence.Loss of inhibitions.Loss of coordination.Aggressive behaviour.Trembling, twitches.Paranoia (being extremely suspicious)More items...
What to do if you suspect an employee is using drugs?
If you have a reasonable suspicion of an employee's drug use, so long as you follow your state's laws for performing an employee drug test, there is generally no legal concern. If the test comes back positive, you will usually be clear to terminate, or discipline the employee, for cause.
What are the signs that an employee is on drugs?
Know the Warning Signs of Substance Abuse and Addiction Sweaty hands, reddened nose or eyes, deteriorating teeth and gums, and a loss of interest in personal hygiene. An increase in breaks. Sometimes, employees will retreat to the bathroom to take drugs or drink, vomit, pass out and hide.
What to talk about when you are ready to talk to your boss about entering treatment?
When you are ready to talk to your boss about entering treatment, you may have concerns about job security and confidentiality. In general, people with substance use disorders face stigma in the workplace. Employers may be afraid to hire people with a history of addiction.
Why is it important to talk to your boss about addiction?
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 are the laws regarding drug use?
Below is an overview of laws that are useful to know about your drug or alcohol use: 6 1 If you are currently using illegal drugs, you do not qualify as an individual with a disability if your employer decides to take action concerning your drug use. 2 Your employer cannot discriminate against you if you have a history of drug addiction but are no longer actively abusing substances. 3 The FMLA protects you if you take leave for a serious health condition. 4 You can take up to 12 weeks of unpaid time off from work per year under the FMLA to attend rehab. 5 Your employer can ban the illegal use of drugs at your workplace. 6 It is not a violation of the ADA for an employer to give tests for the illegal use of drugs. 7 You can be fired or denied employment if you are currently using illegal drugs. 8 Your employer can conduct drug tests to detect the use of illegal drugs.
How long can you take off from work for drug rehab?
You can take up to 12 weeks of unpaid time off from work per year under the FMLA to attend rehab. Your employer can ban the illegal use of drugs at your workplace. It is not a violation of the ADA for an employer to give tests for the illegal use of drugs. You can be fired or denied employment if you are currently using illegal drugs.
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 to do if you can't find your sobriety?
Understand your legal rights. 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 .
How many people are working while under the influence of drugs?
According to reports, an estimated 10% to 25% of the American population is working while under the influence of drugs or alcohol. 3 If you are working and dealing with addiction, you may be apprehensive about seeking treatment due to stigma or concerns about losing your job.
Starting The Conversation
Many people choose to be an open book, explaining exactly what the issue is and their need for treatment. Others opt to be choosy with who they share this information with, sometimes just their boss and HR.
Employee Assistance Programs
Many employers offer Employee Assistance Programs or EAPs. If you are laboring with addiction, check with your employer’s HR department to see if this is something your employer offers.
Can I Lose My Job For Seeking Treatment?
Once you commit to seeking treatment for your addiction, you might be worried about losing your job. Thankfully, in the United States there are several federal laws that can furnish you with some protection.
What To Do Next
Keep in mind that the most important thing about entering a treatment program is that you are trying to get healthy. Addiction is a medical issue, but only 11% of people with addiction receive treatment. Don’t let THE fear of losing your job keep you from getting healthy.
How to get rid of addiction?
Instead, try taking some smaller steps, sooner. Dip your toe in. Test the water. You don’t have to jump in feet first at the deep end. Addiction is often progressive. It will likely get worse, even if it is very bad right now.
How to overcome addiction?
Once you take steps to overcome your addiction, that is the most important job at hand. It requires all the focus, energy, resolve, and skills that you have. And finally, hold your head high.
Why don't people get help?
People often don’t get help because they see the first steps as divulging their problem—whether to family, friends, or their employer—and then going to rehab. That’s a huge and daunting step, and it’s likely to cause anyone to balk.
Can addiction get worse?
Addiction is often progressive. It will likely get worse, even if it is very bad right now. But you don’t have to hit a so-called “rock bottom” before you can change. Don’t wait until you get a DUI, overdose, or commit a fireable offense. Don’t wait for that “sign” that it’s time to change.
Can you be disciplined for drug use?
In the US, your employer can discipline or fire you if your alcohol or drug use impairs your ability to do your job. However, employers cannot discipline or fire you simply because you tell them you have a substance problem.
Can you be more effective without substance abuse?
You will almost certainly be much more effective without it, but it’s common to cling to the belief the substance is performance-enhancing. Then there’s the fear that you’ll lose your job if you acknowledge your addiction. I remember worrying, “If I take time off work for treatment, I’ll get fired.”.
Can addiction be too late to save your job?
And by then it might be too late to save your job. If you see the action stage as the start, you might not get there until you’re pushed.
The Reality: Your Employer Probably Already Knows
If you work closely with your employer, he or she has probably recognized that you’re not doing well mentally or physically. You may not come to work drunk or high, but your employer may sense you’re struggling. Most often, they want to help you.
Determine How Much Time You Need
Speaking to an addiction counselor can help you decide how much time you need to take off of work. You may not need to take a block of time. Rather, you may need to just have a few hours during the week where you can step away and get help.
How to Talk to Your Employer
You now have an idea of the type of care and support you need. What is your next step? Ask your employer for a private meeting. You just need 30 minutes or so to talk to them frankly.
Take the Time to Make That Appointment
When you are facing the difficult decision to get help for addiction, you need an employer who is going to support you. If you need to do so, request help with the FMLA requirements. If you just need a more flexible schedule, talk to your employer about that, too.
How many people are employed with substance abuse?
Furthermore, despite some common stereotypes and misconceptions around addiction being a main concern with people who are already unemployed, the reality is that an estimated 76% of people suffering from a substance abuse disorder are actually employed.
What is the best way to recover from addiction?
It is most beneficial for your recovery that you attend 12-step program meetings , either through AA (Alcoholics Anonymous) or any other drug-affiliated 12-step program, such as NA (Narcotics Anonymous) or CA (Cocaine Anonymous), while in treatment.
What is the return to work agreement?
When you return to work, it is essential that you fulfill any requirements set forth in the Return-to-Work agreement that your employer may have set forth before you left for treatment. This may entail that you willingly comply with any drug tests you may need to take upon your arrival.
How long can you work on FMLA?
Lastly, it is possible that you may qualify for 12 workweeks of unpaid, job-protected leave due to medical reasons (going to drug/alcohol rehab) within a 12-month period under the FMLA (Family and Medical Leave Act).
Can you leave treatment early?
This means that once entering treatment, you make a promise to yourself and your well-being that you will under no circumstances leave treatment prematurely. If you followed the tips on preparing your work for your absence, there should be no reason to leave treatment early anyways.
Does receiving treatment strengthen your job?
Receiving treatment can only strengthen your job performance upon returning to work. As such, do not worry about judgement from your boss or coworkers, it is likely that they personally know people who suffer from this disease and may have compassion for you.
Can not seeking treatment cause you to lose your job?
The irony is that not seeking treatment can actually cause you to lose your job in the first place. Have the tough conversation with your employer. You may be pleasantly surprised when they end up encouraging you to take the next steps to improve your well-being by walking on a path of sobriety.
How to keep your addiction private?
You may think the best way to keep your addiction private is to not use drugs or alcohol on the job. Keep in mind that abusing substances outside of work can still affect your job performance, and many substances stay in your system for a while, so they might show up on drug tests.
What is reasonable accommodation?
In the case of a substance use disorder, a reasonable accommodation might be something like a modified schedule that allows you to attend counseling sessions.
Do you have to make a request for FMLA before rehab?
If you decide to use FMLA, you must make the request before entering re hab, or you will not be protected by the law.
Can employers see how many claims they have made?
They may know how many claims were made overall. They can see how many claims each employee made, but they cannot find out what the claims were for, or the facility names or treatment providers.
Do you have to go into specific details about your medical condition?
Your healthcare provider doesn’t have to go into specific details about your situation – usually it is enough for them to state your condition and its impact on your work, and why a leave of absence is necessary. Your employer must keep this information confidential from coworkers, so you don’t have to fear workplace gossip.
Can you work while inpatient?
It’s impossible to keep your normal work schedule while receiving inpatient treatment. If you receive outpatient treatment, however, you may be able to have a flexible treatment schedule that allows you to work your normal hours.
Can you be fired for drug use?
Luckily, there are federal laws that protect you from being fired for a drug or alcohol use disorder.
Why do employers need to address substance abuse?
Because substance abuse is pervasive, eventually almost every employer may need to address substance abuse issues with employees. However, discrimination and medical privacy prohibitions loom large over employers when interacting with an employee who may be an addict. Employers must tread carefully, as there may be legitimate reasons ...
When self disclosures are made, do employers need to assess?
When self-disclosures are made, employers will need to assess, on a case-by-case basis, whether to impose continuing work requirements, factoring in, among other things, whether the disclosure relates to illegal drug use and/or if an employee works in a safety-sensitive position. For employees in either scenario, ...
How many people use illegal drugs in 2016?
In 2016 alone, more than 48 million individuals reported using illegal drugs, and more than 16 million admitted “heavy” alcohol use. [1] . For some 20 million individuals, illegal drug use or alcohol abuse (or both) crosses the line into substance use disorder—51% of whom report being employed full- or part-time. [2] .
What is disability law?
Disability laws protect qualified individuals with a disability from employment discrimination and require reasonable accommodation of protected-status employees. Those laws also specifically protect individuals who are “perceived as” disabled, whether or not they otherwise qualify for protection.
Do employers have to turn a blind eye to substance abuse?
What these laws, however, do not require is employers’ turning a blind eye. Rather, when substance abuse has a workplace impact, whether the impact is on job performance, behavior, attendance, or any other issue, employers may hold substance abusers to the same standards as any other similarly situated employees.
Why Mental Health Services Are Needed In The Workplace
In the US, 1 in 5 employees report that mental health problems have made challenges in their jobs more difficult to handle—and younger workers may struggle the most.
Tips For Your Organization
Even if your company doesn’t have a program in place to support employees with mental health issues, Dr. Beeson says a few key strategies can help you get started:
Services For Mental Health And Substance Use
With an emphasis on employee health, the workplace provides a prime opportunity to address mental health and addiction challenges among workers. According to the National Council On Alcoholism And Drug Addiction (NCADD), establishing an EAP is the most effective way to do it. Additional recommendations by the NCADD include:
How to talk to your employer about substance abuse?
How to Talk With Your Employers About Past Substance Abuse. If you have decided to talk with your employer about past substance abuse, know that some people may see the problems in hiring someone with a history of substance abuse, while others will see the great effort you put in to change your life. Stress that effort and your accomplishment, ...
What laws prevent employers from discriminating against substance abusers?
According to Law Info, “federal laws such as the Americans with Disabilities Act and the Rehabilitation Act of 1972 prevent employers in the public and private sectors from discrimination on the basis of past substance abuse treatment, as do some state anti-discrimination laws.”.
What does Flexjobs say about your past?
FlexJobs states that “your decisions about what (if anything) to share, when, and how much should be objective.”. While you may be tempted to talk about your past just to be upfront about it, weigh the pros and cons of disclosure, and decide whether to talk about it during the interview or after you are hired.
Can you ask for accommodations if you are undergoing treatment?
Your employer may wonder how your past will affect your future with the company. If you are undergoing ongoing treatment, you are allowed to ask for accommodations to flex your work schedule or to be absent from work for a period of time.
Can employers ask about past substance abuse?
Actually, employers are not allowed to ask or assess you based on past substance abuse. If you talk about it, they cannot disclose any information about you to your colleagues or clients. All information that you disclose is confidential.