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This training on lawful handling of addiction in the workplace will discuss what to expect from an employee who is suffering from an addiction, when you are required to provide leave under either the FMLA or the ADA and a host of other issues.


Every employer has faced, or will face the issue of addiction in the workplace. Addictions cause loss of productivity, multiple mistakes, high absenteeism, and leaves of absences that may be needed for rehabilitation.

  • How do you deal with the legal issues that arise when handling addiction issues at the workplace?
  • How do you stop or minimize addiction issues that start at an employee's home from bleeding over into the workplace?
  • How do you get an employee to admit that he/she has a problem, and get the help they need?

This 2-hr virtual seminar will walk you through what to expect from an employee who is suffering from an addiction, when you are required to provide leave under either the FMLA or the ADA and a host of other issues. By attending this session you would have gained the knowledge and the practical know-how to avoid legal issues arising from the application of your own policies, issues under the Family and Medical Leave Act, and issues under the Americans with Disabilities Act.


  • Understanding addictions and why they happen even to “good” people.
  • Signs that an employee may be suffering from addition.
  • What underlying medical conditions can lead to addiction?
  • How to handle an employee who arrives at work under the influence?
  • Legal risks for allowing those under the influence to drive home.


  • What your drug testing policies should include.
  • Restrictions that might be placed on random drug testing.
  • What is “reasonable suspicion” drug testing?
  • When an employee is entitled to leave under the FMLA to address addiction issues.
  • Does the FMLA exempt those who are addicted to illegal drugs?
  • Walking through the Americans with Disabilities Act – while the ADA does not cover individuals who use illegal drugs, it covers those with past use. What is “past use”?
  • Why is alcoholism treated differently under the ADA?
  • When is a leave of absence under the ADA reasonable?
  • Can a request for an “indefinite leave of absence” ever be reasonable?
  • What the interactive process requires under the ADA.
  • Examples of questions to ask during the interactive process.
  • What are the requirements for a legally compliant medical authorization so that you can get the information you need?
  • When does the interactive process fail?
  • What are last chance agreements?
  • How does the law view last chance agreements?
  • Using last chance agreements effectively.


  • Human Resource Professionals
  • Risk Managers
  • Individuals who must administer benefits for the company


 

Susan Fahey Desmond is a principal with Jackson Lewis PC which has offices across the United States. She has been representing management in all areas of labor and employment law since her graduation from the University of Tennessee School of Law in 1985 and is a frequent author and speaker on labor and employment law issues. She is listed in Best Lawyers in America for labor and employment law and has been named by Chambers USA as one of America's leading business lawyers.

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