SECTION 9.30 EMPLOYEE PROBLEMS WITH SIGNIFICANT WORK IMPACT
Last Update: 2/06
There are instances when employee problems in the workplace significantly
impact an employee’s ability to perform his/her job. Generally, these issues fall into one of four
categories:
These
issues are difficult to manage and require a case-by-case approach. The employer has a right and a responsibility
to maintain a safe, productive workplace.
The impaired worker also has a right to be treated fairly and equitably
in these situations, and to have his/her confidentiality rights protected.
If the
employer has well documented reasons to question the employee’s ability to
perform the duties of the job, the employer has a right to require the employee
to provide information about that ability.
In situations where health and safety of the employee or others in the
workplace may be in jeopardy, a supervisor may require information about the
employee’s ability to function safely in the workplace. In these instances, the employer may require
the employee to seek an evaluation from an appropriate professional as to the
employee’s fitness for duty. When the
employer requires such an evaluation, any costs not covered by the employee’s
health insurance are the responsibility of the employer.
When
an employee is physically unable to perform the full range of duties of his/her
job, the supervisor should ask the employee to see a physician (either the
employee’s or one of management’s choosing) for an evaluation of the problem. The supervisor should write a letter to the
physician stating the reason for the request for evaluation, providing a copy
of the employee’s job description and requirements and asking the physician if
the employee can physically perform these duties, whether there are any
restrictions, and for how long these restrictions would apply. The supervisor and management then need to
decide how to deal with the individual situation, making reasonable
accommodations where possible.
When an employee is unable to perform the
duties of his/her job and/or is exhibiting bizarre or unacceptable behavior,
the supervisor can ask the employee to see a physician, psychiatrist, or
psychologist for an evaluation of the ability to do their job. You must have very good, objective,
documentation of the reasons for asking an employee to seek an evaluation. Corroborating witnesses are helpful. To help you in deciding whether a
psychological evaluation is indicated and how to deal with the employee, a
management consultation with the Employee Assistance Program (EAP) can be most
helpful. Generally, some signs of the
need for psychological evaluation are:
When you are dealing with one of these situations,
and have coached and counseled the employee to help make changes in their
behavior and/or performance, with little or no change, you may need to proceed
with a psychological evaluation.
After
consulting with your personnel officer and the EAP, meet with the employee and
discuss the need for an evaluation and set time frames for completion of such
an evaluation. Select an appropriate professional
to conduct the evaluation (the EAP can provide names). Write a letter requesting the evaluation
including the following information:
1. The reasons for
the evaluation. Describe the
problems/behaviors in as much detail as possible.
2. The employee’s
job description, essential job functions, performance expectations, and any
information that might be helpful regarding job requirements.
3. Request the
results of the evaluation, recommendations as to fitness for duty or ability to
perform the job, and any other information you need to make appropriate
decisions as to reasonable accommodations or the need for the employee to be on
sick leave or restricted duty, etc.
If the person’s presence at work is detrimental to himself/herself or others (safety issues), you can require the individual to be away from the workplace until the evaluation is completed and you have the information needed.
Depending
on the circumstances, time away from the workplace may be taken as sick leave,
vacation, or leave without pay. Consult
your personnel officer for specific assistance.
When the individual returns to the workplace, it is important to discuss
job duties and expectations. It is also
helpful to have talked with the professional who is releasing the person to
work regarding anything you might do to assist the transition back to the
workplace.
When
an individual is deemed to be of imminent danger to themselves or others
(exhibiting violent or threatening behavior), the person needs to be removed
from the workplace. Have a corroborating
witness if at all possible. Talk calmly
with the individual if possible, remove others from the immediate vicinity, and
call the designated security personnel to have the employee removed from the
workplace. Notify the person(s) the
employee has designated to be notified in an emergency. The individual should be placed on sick leave
until released by the appropriate authorities to return to work. You may require an evaluation as above. When the person returns to the workplace, it
is important to discuss job expectations, etc., with them. Contact your personnel officer for
consultation regarding any disciplinary action that may need to be taken.
Use of
chemical substances on the job is prohibited (Executive Order 38 and DAS-HRE
Policy). Coming to work with evidence of
usage is also prohibited. See the
State’s Substance Abuse Policy and supervisory guidelines for assistance in
this area.
When
an employee is unable to perform the duties of their job and you have reason to
believe that the use/abuse of chemicals is the problem, you need to deal with
the individual on the basis of their job performance. Disciplinary action may be indicated. A referral to the Employee Assistance Program
(EAP) may also be helpful in solving the problem. See the Substance Abuse Policy Guidelines for
further direction. Contact your
personnel officer and/or the EAP for a supervisory consultation.
In any
of the above circumstances, the return to work and periodic follow-up are
crucial for success. If disciplinary
action has been a part of the situation, a return to work agreement detailing
expectations is usually necessary. It is
always important to discuss job duties and expectations. You need to
acknowledge and support positive changes and provide feedback to the
employee. Hold periodic discussions
about how things are going and have the employee assess his or her own
progress.