USPS – NPMHU Contract Interpretation Manual
Answer: No. Although voluntary participation in EAP will be given favorable consideration in disciplinary action, participation in EAP does not prohibit disciplinary action for failure to meet acceptable standards of work performance, attendance and/or conduct. Furthermore, participation in EAP does not shield an employee from discipline or from prosecution for criminal activities. Source: Employee and Labor Relations Manual (ELM) Chapter 8, Section 871.32. Question: Will participation in EAP jeopardize an employee’s promotional opportunities? Answer: Participation in EAP will not jeopardize an employee’s job security or promotional opportunities. Source: ELM Chapter 8, Section 871.31 Section 35.2 Referral Information In Postal installations having professional medical units, the Employer will insure that the professional staffs maintain a current listing of all local community federally-approved drug treatment agencies for referring employees with such problems. A copy of this community listing will be given to the local union representative. Due to changes in the Employee and Labor Relations Manual (ELM), Section 872.221, Management Referrals, now provides that management may refer an employee to EAP using the EAP referral form if the supervisor or manager observes such characteristics as listed in Section 872.21 or has some other reason to believe that the EAP could provide needed assistance to the employee. The employee, however, has the option to refuse the referral, and he/she cannot be disciplined for refusing the referral. Employees also may be referred to EAP by other employees, union representatives, management association representatives, medical personnel, family members, or judicial or social service agencies. Employees are also encouraged to seek assistance on their own. Question: Are there exceptions to the employee’s option to refuse a management referral to EAP? Answer: Yes. In instances when there is a Last Chance Agreement, or when the employee has signed a settlement agreement agreeing to participate in the EAP, the employee can be disciplined for noncompliance with the terms of the signed agreement. Source: ELM Chapter 8, Section 872.221 Version 3 – March 2011
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