At some point, just about every business will face the challenge of an employee struggling with substance use. While these situations can be complex and emotional, they also present an opportunity for employers to show compassion, strengthen their workplace culture, and retain valuable talent. Supporting an employee through treatment and recovery isn’t just the right thing to do; it’s also good business.

The U.S. Department of Labor’s Recovery Ready Workplace program asserts that “workers with SUDs take nearly 50% more days of unscheduled leave than other workers and have an average annual turnover rate 44% higher than the workforce as a whole.”1 While it may seem like the best choice is to terminate an employee with a substance use disorder, workers who are in “SUD recovery average nearly 10% fewer days of unscheduled leave per year than other workers. And, the turnover rate for employees in recovery is 12% lower than the overall average.”

Employees in recovery who feel supported often bring loyalty, commitment, and a strong work ethic. All of this helps to demonstrate the tangible labor and economic benefits of supporting employees through treatment and in recovery within your workplace. As an employer, understanding the basics of the treatment process can help you respond effectively.

Rehabilitation programs generally fall into two categories:

• Inpatient programs, where an individual stays at a treatment facility for a set period of time.
• Outpatient programs, which allow individuals to continue working while attending therapy sessions and medical appointments.

Employers should also remember that mental health conditions related to substance use disorders may qualify for protection under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA).

Small business owners need to know that both the FMLA and ADA include important provisions related to treatment:

• FMLA: Employees may qualify for job-protected leave to participate in a treatment program, as long as it’s directed by a healthcare provider. However, absences due to using drugs (rather than receiving treatment) are not covered. Employers can still enforce clear, consistently applied drug-free workplace policies.
• ADA: Employees currently using illegal drugs are not protected under the ADA. However, individuals who have completed treatment or are actively participating in a supervised rehabilitation program are protected. Employers must avoid discrimination and provide reasonable accommodations, such as flexible scheduling for therapy appointments, when possible.

Navigating these laws can be tricky, and because city and state regulations also vary, consulting legal counsel before making major employment decisions is a smart step.

Even with clear policies in place, compassion should be at the heart of your response. Here are some ways small business owners can help employees in treatment and recovery:

1. Know your resources. Understand what your group health plan, employee assistance program (EAP), and short-term disability coverage offer.
2. Encourage open communication. Let employees know that asking for help is a sign of strength, not weakness.
3. Review your policies. Ensure your drug-free workplace policy outlines procedures for support and rehabilitation, not just discipline.
4. Train supervisors. Help managers recognize signs of distress and know how to connect employees with resources.
5. Plan for return-to-work. Recovery doesn’t end when treatment does. Have a reintegration plan that includes flexibility, support, and accountability.

Helping an employee navigate treatment and recovery is challenging, but it can also be one of the most meaningful things a small business owner can do. When you foster a culture of understanding and support, you strengthen your team, reduce turnover, and contribute to a healthier community.

Source: Drug Free America Foundation | 333 3rd Avenue N Suite 200 | St. Petersburg, FL 33701 US

Supplementary Source:

A continuing discussion on the opioid epidemic in the workplace – Part 3. (2024, February 26). JD Supra. https://www.jdsupra.com/legalnews/a-continuing-discussion-on-the-opioid-4776444/

NATIONAL DRUG-FREE WORKPLACE ALLIANCE

As the workplace division of Drug Free America Foundation, NDWA’s mission is to be a national leader in the drug-free workplace industry by directly assisting employers and stakeholders, providing drug-free workplace program resources and assistance, and supporting a national coalition of drug-free workplace service providers.

For more information and drug-free workplace resources, visit NDWA at www.ndwa.org.