Every company, large or small, will likely have to face an issue with an employee who has a drug or alcohol problem at some point.
These problems involve all employee levels in the company—from entry-level positions all the way up to the CEO. Unfortunately, many employers wait until the problem arises before considering policies to address what will happen when the situation occurs, when will an employee be considered under the influence, etc.
Even with policies in place, employers have to consider ever-changing laws, such as the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and Workers' Compensation liability.
It is critical to consider what policies your company should put in place before the situation occurs and be able to identify an appropriate course of action once a thorny scenario arises.
Developing and managing an effective program requires team work among HR, safety, legal, and operations. With a comprehensive, collaborative roadmap in hand, it is possible to establish a program that will have a positive impact on the bottom line.
Join us for an in-depth webinar. Our presenter, an experienced lawyer and author in the area of labor and employment law who has assisted companies of all sizes in evaluating their policies and practices in dealing with employees with drug or alcohol problems, will provide you with valuable insight on your obligations under FMLA and the ADA, including requirements for providing accommodations to employees requiring treatment and/or assistance.Learning Objectives
About Your Presenter
- The costs associated with addictions in the workplace
- Best practices for developing a drug and alcohol policy
- Pros/cons of a random drug-testing policy
- Why "zero tolerance" policies aren't always the best way to go
- When to offer an employee the opportunity to undergo a rehabilitation program, and when you shouldn't offer this
- Legal concerns associated with an employee who reports to work "under the influence," including what it means to be "under the influence"
- How FMLA protects employees who may need leave for treatment
- When an employee is "currently under the influence" of illegal drugs and, thus, not covered by the ADA
- When the ADA requires reasonable accommodation to one with an alcohol or drug problem
- What to do when you suspect an on-the-job accident may have been caused by an employee "under the influence"
- What constitutes "reasonable suspicion" that an on-the-job accident might have been caused by being "under the influence" and when you may need "reasonable suspicion"
- Suggested learning tools to train your management team on how to determine whether someone is "under the influence"
Susan Fahey Desmond, Esq. is a shareholder with the law firm of Jackson Lewis which has offices in 49 cities across the country. She represents management in labor and employment issues. She is a frequent speaker and author with regard to issues facing employers and frequently speaks on issues such as discrimination in the workplace, sexual harassment, the Family and Medical Leave Act, and the Americans with Disabilities Act. Ms. Desmond is listed in Best Lawyers in America and has been named by Chambers USA as one of America's leading business lawyers.