Some employees have tried to use the ADA in case of illegal dismissal, with mixed results. That`s why it`s important to talk to a lawyer. You know that your employer is not necessarily violating the ADA by having you sign a return-to-work agreement that adds conditions to your employment after rehabilitation. Sometimes an employee needs a break to participate in a program. This may be covered by policies, but since each situation is different, the employer must be prepared to discuss with the worker how treatment and rehabilitation are managed, how the employer can help, and how they can contribute to the treatment and the resulting costs. If the employee has to miss work to attend the required appointments, the missed work time is treated as family and medical leave, sick leave, leave or personal leave, to the extent that it is available and appropriate. This type of return-to-work agreement is based on an agreement established by the U.S. Department of Labor. The worker has received a copy of the employer`s directive on drug- and alcohol-free workplaces and includes all the provisions of the directive. The worker undertakes to comply with their provisions. In this section, the employer indicates what happens if the worker does not comply with all the conditions of the agreement. As a rule, the consequence is an immediate dismissal, unless the employee has a good reason not to do so.
For example, if the employee signs a medical clearance to allow the employer to obtain progress reports, but the facility does not provide them, this could be a good reason for non-compliance. In safety-sensitive jobs, employers can use pre-employment testing to show that they are serious about managing alcohol and drug risks in the workplace. The indication in their vacancy notices that there will be pre-recruitment tests can help demonstrate that they are serious about risk management and help potential staff to be aware of this from the outset. Many organizations refer staff to an Employment Assistance Program (AEP) or other counselling services when alcohol or drug problems are suspected. The objective should be for the worker to return to full and normal work as soon as possible, in accordance with the needs of the care and rehabilitation programme. An employer should provide workers with the highest level of protection from risk, which is reasonably feasible. A risk includes dangerous behaviour resulting from the use of drugs or alcohol. Staff are required to ensure adequate care for their own safety and that of others. Staff must follow all appropriate health and safety guidelines or procedures, including a directive on alcohol and drugs. When pre-employment tests are used, it is a good idea for employers to wait until the test results are complete before making a job offer, which means that there can be no argument in favor of an employment relationship. In other words, there should be a clean drug test before making a job offer, rather than making a clean test a condition of a job offer made and accepted.
This return agreement is concluded between (company name) (employer) and (employee name) (employee). This agreement is necessary because the employee has violated a work rule that could lead to dismissal: (list the work rule/contrary rules) Employees are paid for the time spent taking alcohol or drug tests, and then suspended until the results of the drug or alcohol test are available…