MANDATORY EAP

sonny

Do any of you make an EAP referral madatory . ie a condition of continued employment?

Our Labor attorney says you can do it.

Our EAP consultant says no can do. (or least shouldn't do)

Due to my former life, I am biased.

As always, Thanks in advance.

(ps. .not that anyone missed me but I am still alive despite the month from hell)

dchr9203

Yes you can. While you cannot "make" your employee seek assistance through the EAP or any other resource, you can require it for continued employment based on a PI plan to prevent termination. If employee decides to not comply, no problem, they choose to be terminated instead.

Hunter1

Glad you're still alive after the month from hell! Absolutely, mandatory EAP referral. Of course it depends on the circumstances, but our EAP gladly works with mandatory referrals, and has done a considerable amount of good in that regard.

HRinFL

We make EAP participation mandatory when an ee tests positive for drugs through a random D/S. For ees that voluntarily admit, we offer EAP services, or inform them that if they want to use another rehab center, to use their health insurance for treatment. In both cases, the ee must sign a consent form for random testing throughout their employment. A second false test (unless pre-employment or within the probationary period, where the ee is discharged for a first offense) will result in discharge. For those required to go through EAP, they must successfully complete the program or they are separated.

pork1

SONNY: They always make me "mad a tory" and for those who get caught for the illegal use of controlled substance, we make it mandatory for the consideration of any chance for re-hire action. For others that seek our help we assist them in getting into a program that will help them to stay in compliance with our living and working standards. Should they not attend then they will most likely cross over the line in the sand and get waxed, as a result of their failure to recognize they have a behavioral issue that must be changed or suffer the consequence of no longer being employed. That is about as mandatory as one should get, after all the employer has an EAP to help the employee before it is to late and everyone is "MAD A TORY".

Sorry Sunny I just could not help my self, but it fit to make a point!

PORK

LindaS

We have used mandatory EAP referrals in several situations...

1) An EE who test positive for a "reasonable suspicion" drug test.

We have also mandated EAP treatment in situations where an employee allowed their temper to get out of control for anger management. We have done this at least twice that I remember and BOTH employees are still working for us, although we don't have problems with their tempers anymore.

JM in ATL

I had an ee test positive for drugs. Made it a condition of employment that she see the EAP for assistance. She agreed, but always came up with an excuse why she couldn't make her appointments. She was separated.

Now you CAN'T make it mandatory that an ee use EAP for home problems, but if home problems are effecting work, then you can address the work issues and use your EAP as a counseling guide as how to balance work and life.

EAP's will not resources themselves as a "disciplinary" alternative - rather a means to help employees find a way to cope/improve.

Crout

[font size="1" color="#FF0000"]LAST EDITED ON 04-13-05 AT 10:34AM (CST)[/font][br][br]Your EAP may not prefer to deal with a mandatory referral, but legally it's not a problem.

sonny

Thank you one and all. This is not d&a but temper/conduct.