To find out more about your rights under the agreement, it is best to contact an experienced lawyer. Also talk to your HR representative to make sure you understand what is expected of you. Meet with your caregivers as you prepare to return to the staff. Express your concerns and ask them to contact your human resources department so that you get the support you need to stay in recovery. 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. 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. This type of return-to-work agreement is based on an agreement established by the U.S.
Department of Labor. This return agreement is concluded between (company name) (employer) and (employee name) (employee). This agreement is necessary because the worker has violated a work rule that may result in dismissal: (List of work rules / contrary rules) If workers return from treatment for drug and alcohol-related problems that violate workplace guidelines related to drugs and alcohol, you might want them to sign an agreement setting out the expectations of both the employer and the workers involved in the work. as well as all the consequences in case of infringement. While this may seem like a threat to your job, a return to the work agreement can actually be beneficial for someone recovering. He believes you are responsible for your sobriety. However, anyone who is familiar with substance use disorders knows that relapses are possible and the agreement can be problematic in this regard. 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. The goal of a return to the work agreement is to create a safe working environment for all. It`s understandable that your employer may worry about the legal consequences if you were to use drugs or alcohol in your workplace.
However, RWA should also benefit you. It should contain the appropriate arrangements you need to perform your work during convalescence. If you violate the terms of your signed agreement, your employer has the legal option to fire you. . . .