Alcoholism and ADA Certification
Ruskanen
183 Posts
One of our employees called me to request information on our programs assisting people with personal problems. He also hinted that alcohol may be part of the problem. I gave him the phone number for our EAP. I know that if he is an alcoholic and in treatment, he is protected under the ADA. How do I confirm that diagnosis? Can I request documentation that proves he is in a treatment program? Does anyone have a form they use to certify that someone qualifies for an accomodation under the ADA?
Comments
First, I think you are probably looking at FMLA if he enters a treatment center. And, yes you can request certification for his need to take FMLA (use DOL's FMLA medical certification WH-380, modify it or create your own).
Next, make sure he meets the definition of "disabled" according to ADA ..unable to perform a major life activity, etc.... Don't assume he is or treat him as if he is disabled, not all alcoholics are disabled. If you skipped the FMLA part, you flat out have to ask, diplomatically of course. When you establish that he is in fact disabled, you begin the good faith effort to establish a reasonable accomodation. Part of that reasonable accomodation can be documentation of continued participation in a treatment program.
Neither FMLA or ADA have easy pat answers for HR depts and the courts don't always agree on the right or wrong of it. There are no step by step procedures or black & white rules. Each case has to be considered on it's own merits. This website has some excellent information resources and so does the DOL site. Knock on wood -- I have not had to deal with either issue, but I've come close enough to know that I will not hesitate to contact an attorney for advise.
James Sokolowski
Senior Editor
M. Lee Smith Publishers