Summer/Fall 2006

Substance Abuse in the Workplace


For Employees and Coworkers: Resources and Rights
   

You are not Alone

It is hard to know when and if it is appropriate to share your addiction history or current struggles with your employer or your co-workers. You aren’t alone. According to the US Department of Substance Abuse and Mental Health Services Administration (SAMHSA), 20% of the people live with treatable, yet chronic alcohol or drug dependency. Even so, a 2002 Workplace Study (The Hazelden Foundation) showed that many employees fear retribution for even asking about substance abuse treatment coverage. In fact more than half of the respondents said they would be more likely to ask their employer about insurance coverage for a disease such as diabetes as opposed to substance abuse. Full article. However, Hazelden also reports that some companies like Kimberly-Clark have chosen to take a proactive stance toward addiction.  Kimberly-Clark Corporation has found that providing early intervention and treatment for employees with addiction is cost effective and makes good business sense. 

Know your Rights

As an employee or potential employee in recovery, you have rights. SAMHSA has created a publication called Know Your Rights that details employees’ rights determined by the Family and Medical Leave Act, the Americans with Disabilities Act, the Rehabilitation Act of 1973, and the Workforce Investment Act. This brochure will help you: know your rights under federal laws that protect you from discrimination in employment and job training, housing, government services and programs, health care and other public accommodations, and education; know the legal consequences of substance user-related conduct that may limit your rights and opportunities in areas such as public housing and other federally assisted housing, federally funded public assistance and food stamps, and federal student loans and aid; and know what you can do to prevent or remedy violations of your rights under Federal non-discrimination laws, overcome legal barriers that other laws may impose due to past or current substance use-related conduct, including convictions for substance use offenses.

Resources

The Family and Medical Leave Act (FMLA) applies to employees who have worked at their job for 12 months. They can take up to 12 work weeks of unpaid leave during any 12 month period due to a health condition, including substance abuse. However, not all employers must offer FMLA.  Your employee handbook should specify whether or not you are eligible.                     

The Americans with Disabilities Act (ADA) prohibits discrimination against employees and applicants. ADA applies to employers with 15 or more employees. Who is protected?  Drug addicts who are not currently using drugs and have been rehabilitated or have a history of drug addiction, and drug addicts currently in a rehabilitation program (includes inpatient, outpatient, and programs such as Narcotics Anonymous) are covered under the ADA.

Co-workers are Affected Too 

The 2002 Workplace Survey notes that more than 60% of adults know someone who has reported for work under the influence of drugs or alcohol (The Hazelden Foundation). How can you help a co-worker that appears to be having addiction problems or is having problems with a family member’s addiction?  Talk to your co-worker about the things that matter the most to him or her and how they may be affected. Remind your co-worker of company resources such as an Employee Assistance Program or insurance coverage. Full story. Sometimes helping too much can hurt yourself and your co-worker. Click here to find out how to help without falling into the trap of codependency.

Substance abuse affects non-using family members in the work place too. Full story. If an employee has someone at home who is abusing substances, it is very likely that they will have difficulty concentrating and may possibly be absent to take care of their family member.

Other Employee Resources

In addition to the links you find above, here are a couple more that will help answer questions you may have about being an employee with substance abuse issues.

Why have a Drug-Free Workplace – Employee Fact Sheet from SAMHSA

http://www.drugfreeworkplace.org/

 
 

 

The Next Step
Editor: Leanne Murray
Writer: Cathy Swing
Designer: Virginia Hart

Partnership for a Drug-Free NC
665 W. Fourth Street
Winston-Salem, NC 27101
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