Alcohol Awareness at Work

April is Alcohol Awareness Month and many employers have long been dealing with the consequences including medical costs, performance issues, workplace injuries and liability risks.

Managing these risks effectively requires first knowing where legal protection begins and ends.

Unlike active drug use, alcoholism is considered a “disability” under the Americans with Disabilities Act and can be considered a “serious health condition” under the Family and Medical Leave Act (FMLA) — why an employee may not be discharged or penalized simply for being an “alcoholic.”

This distinction has ramifications for an employer’s substance abuse policy, which should treat alcoholism as an illness and not as a condition that always warrants discipline.

However, employees who abuse alcohol can be discharged for poor performance or conduct, even if alcohol use is the cause of their behavior.

Under FMLA, employees undergoing alcohol treatment may be eligible for unpaid time off. Leave isn't warranted for time an employee can't work due to alcohol abuse, but is warranted for time they take to undergo treatment.

Employers may test an employee for alcohol if:

• a supervisor has reason to suspect that an employee is under the influence of alcohol and creating performance or conduct issues, or
• the employee has been involved in an accident on the job.

Source: Labor and Employment Law