While employers are free to terminate and can refuse to hire anyone whose alcohol or drug use impairs their ability to perform the duties of their job, employers cannot fire or take other negative employment actions against an employee because of their status as an alcoholic or drug addict. California and federal laws …
Can you fire a drunk employee?
A recent federal court decision upheld the fact that an employer can terminate an employee for being drunk at work, even when the employee is an alcoholic covered by ADA. … That law requires the employer to give workers time off for treatment.
Is alcoholism protected under the ADA?
An alcoholic may be person with a disability and protected by the ADA if s/he is qualified to perform the essential functions of the job. An employer may be required to provide an accommodation to an alcoholic, (e.g. a flexible schedule to enable the employee to attend counseling appointments).
Should I tell my employer I’m an alcoholic?
It’s not always important to disclose your history of addiction to an employer. If you’re strong in recovery and your job doesn’t interfere with your success in any way, you probably don’t need to mention it.
Is it illegal to be under the influence of alcohol at work?
Employers could be acting illegally if they knowingly allow drug-related activities to go on at work but do not act. They should also know the implications of not tackling abuse. It is illegal if: an employee under the influence of excess alcohol is knowingly allowed to work (Health and Safety at Work Act);
Can you ask an employee if they are drunk?
A lawful search can always be conducted with the employee’s consent. Inform the employee of your suspicion and ask the employee whether they are under the influence of alcohol or a controlled substance. If they say “yes,” ask them when and what they ingested and document the employee’s statements.
Is alcoholism classed as a disability?
The Americans with Disabilities Act (ADA) defines alcoholism and drug addiction as disabilities. Since alcohol addiction is considered a mental impairment, employers cannot take action against an employee solely because of this disability.
Is alcoholism a serious health condition under the FMLA?
Yes. Under the FMLA, alcoholism is considered a serious health condition, making you eligible for that 12-week unpaid leave.
Is alcohol is a depressant?
Alcohol is a depressant. That means any amount you drink can make you more likely to get the blues. Drinking a lot can harm your brain and lead to depression. When you drink too much, you’re more likely to make bad decisions or act on impulse.
What happens if I tell my employer I have a drug problem?
In the US, your employer can discipline or fire you if your alcohol or drug use impairs your ability to do your job. However, employers cannot discipline or fire you simply because you tell them you have a substance problem.
Should I tell my boss I have a substance abuse problem?
By law, employers must maintain confidentiality regarding any information they receive regarding the addiction or substance abuse treatment of any of their employees.
Can you sack an alcoholic?
You can’t sack an employee because they have a drink problem but disciplinary action should be taken if this is causing other issues, e.g. poor performance or health and safety concerns. Our alcohol and drugs policy makes this clear and allows you to dismiss those found to be under the influence at work.
Is coming to work drunk gross misconduct?
turning up to work drunk or drinking alcohol at work is unacceptable and may be considered an example of gross misconduct.
What is considered gross misconduct?
Defining Gross Misconduct
Examples of gross misconduct include: Fighting or making violent threats in the workplace. Stealing or vandalizing company property. Falsifying personal information or work history. Repeated tardiness or absences.