Is EAP voluntary only?

sharonm

Can HR make EAP mandatory for an employee who has performance/attendance problems due to financial, marital, emotional issues? I thought EAP was a voluntary program offered to our employees, but recently, our legal department said we could make it mandatory.

Lori B

I don't believe that is prudent. We make supervisory referrals of ees into our EAP and encourage them to use the resource. We don't mandate it though b/c of the concerns under ADA. You don't want to be "construing" them as disabled. Telling an ee to go get counseling for certain issues seems to construe they have mental health issues, suffer from alcoholism, you name it. I'd avoid that one at all costs. Good luck.

Down_the_Middle

I think you can clearly make the EAP a mandatory requirement when the work performance is affected. Presumably you have that "mgt referral" as part of your EAP services, but certainly it s/b considered. EAP's have a 2-sided approach and this is the 2nd component. I have never seen a court overturn an employee discharge when mandatory referral to the EAP was part of the progressive process. The biggest advantage, however, is getting the employee's attention to change their behavior and become the employee you want them to be. That's the main point!!!! Good luck.

Cheryl S SPHR

We have two types of referrals to our EAP program. One is called a "soft" referral where the employee is encouraged to contact EAP for assistance. The other is a "hard" referral that mandates they make the contact. We are then notified if the contact was made, but no other information is disclosed.

I am not aware of any problems with this approach. I don't think referring them to EAP necessarily means you construe them as having a disability.

System

I won't argue with your lawyer, but I'd tell the employee that you're doing it to improve their work performance and that you won't pry into their personal life. Margaret Morford of theHRedge suggested referring troubled employees to the EAP for "stress," which doesn't carry a stigma and isn't a disability.
[url]http://www.thehredge.net/[/url]

James Sokolowski
Senior Editor
M. Lee Smith Publishers

Gillian

From my perspective mandated referrals can be done, but sparingly. I don't think that mandated referrals should be used for run of the mill performance issues unless the cause is substance abuse or something similar.