Discipline and Rehabilitation. 1. A Cuyahoga Falls Fire Department employee instructed to report for a drug or alcohol test is deemed to be at work and on City time. The employee will be paid for the time necessary (including overtime) to complete the drug test, and shall not take any otherwise authorized leave (lunches, breaks) until the test process is completed.
2. Upon receipt of a verified positive drug or alcohol test, the employee will be placed on paid administrative leave. A pre‐disciplinary hearing will be scheduled. Paid administrative leave will terminate upon the pre‐disciplinary hearing.
3. An employee who participates in a rehabilitation or detoxification program will be placed on Family and Medical Leave Act (FMLA) leave, if applicable. An employee may be required to use sick time, compensatory time, vacation leave and/or personal days for the period of rehabilitation or detoxification. If no accrued leave is available, the employee may be placed on an unpaid FMLA leave, as applicable.
4. Employees are responsible for the costs of any rehabilitation or detoxification program subject to the provisions of any applicable insurance coverage the employee may have and the costs associated with any return to work testing.
5. The City reserves the right to take disciplinary action against any employee who violates this article.
Discipline and Rehabilitation. 1. In addition to the above consequence for a positive test result, the County Engineer may discipline an employee, up to and including discharge, for violations of the Act, this policy, and/or misconduct or poor performance resulting from an alcohol or substance abuse problem. However, any discipline may, at the discretion of the Engineer, be mitigated by the willingness of the employee to complete a rehabilitation program, if offered. In no event shall an employee be permitted more than one chance at rehabilitation.. Failure to complete or participate in a prescribed rehabilitation program shall result in the employee’s discharge. A refusal to test or a positive test result on a return to duty or follow-up test shall be cause for termination. The cost for rehabilitation services shall be paid by the employee except that the employee may use any benefits provided under the County’s health insurance plan.
2. Nothing herein shall be construed as a guarantee that the Engineer will offer an employee an opportunity for rehabilitation. The Engineer’s decision as to whether or not an employee shall be offered rehabilitation and therefore not discharged, shall be made on the basis of the circumstances surrounding the employee’s positive drug test and considerations such as any other misconduct resulting from the employee’s substance abuse (e.g. injury, property damage, etc.), the employee’s work records, and other factors traditionally considered when determining whether to retain an employee.
3. An employee who voluntarily seeks rehabilitation for a drug or alcohol problem prior to detection shall not be disciplined.
Discipline and Rehabilitation a. In addition to the above consequences for having a prohibited alcohol concentration or a positive test result, the City may discipline an employee, up to and including discharge, for violations of the Act, this policy and/or misconduct or poor performance resulting from an alcohol or substance abuse problem.
b. Failure to complete or participate in a prescribed rehabilitation program, if that opportunity is provided, shall result in the employee’s discharge. In no event shall an employee be offered more than one (1) opportunity at rehabilitation.
c. A refusal to test or a positive test result on a return to duty or follow-up test shall be cause for termination.
d. The cost for rehabilitation services shall be paid by the employee except that the employee may use any of the benefits provided under the City’s health insurance plan.
e. Nothing herein shall be construed as a guarantee that the City will offer an employee an opportunity for rehabilitation. The City’s decision as to whether or not an employee shall be offered rehabilitation rather than discharge, shall be made on the basis of the circumstances surrounding the employee’s positive drug test and considerations such as any other misconduct resulting from the employee’s substance abuse (e.g., injury, property damage, etc.), the employee’s work record, and other factors traditionally considered when determining whether to retain an employee.
Discipline and Rehabilitation. An employee whose alcohol or drug test yields a verified positive result for any concentration of a controlled substance that is prohibited by law and/or under this policy will be required to submit to an evaluation for substance abuse at a facility designated by the City or the City's employee assistance program (EAP). An employee who violates any element of this policy may be subject to discipline in accordance with applicable City policies, procedures, and collective bargaining agreements provided that an employee who violates any prohibition of this policy will not be disciplined for the first offense if they successfully completes a treatment program and follow-up testing upon return to work. An employee may be subject to discipline for adulterating or falsifying, or attempting to adulterate or falsify, a test sample, or for falsifying or attempting to falsify a test result; and/or for refusing to undergo treatment or rehabilitation as may be recommended by a professional in the field of substance abuse. All employees are required to comply with other City or departmental policies and may be subject to discipline for violation of such policies. No employee shall be disciplined under this policy except for just cause. Any discipline imposed on an employee covered by a collective bargaining agreement may be subject to the collective bargaining agreement grievance procedure or Civil Service Appeal, if applicable. The City offers an EAP through a private firm. An employee may seek help directly from the private firm for evaluation of abuse of, addiction to, or dependency upon alcohol or a controlled substance. The private firm may refer the employee to another firm for treatment or rehabilitation. An employee’s use of the EAP and referral to another firm for treatment and rehabilitation shall be confidential and shall not be disclosed to the City, unless the SAP determines that the employee is unable to safely perform their employment duties. An employee who undergoes treatment or rehabilitation under paragraph (d) of this section may use any appropriate leave benefits available to attend treatment or rehabilitation sessions. An employee who participates in a treatment or rehabilitation program will not be penalized for participation. However, participation in a program will not excuse the employee from compliance with this policy in its entirety or, from fully and acceptably performing all of their employment duties. Payment for outpatient, inpatient, or...
