Discipline, Referral Agreement and Return to Work Agreement Sample Clauses

Discipline, Referral Agreement and Return to Work Agreement. Referral Agreement While employees who violate this policy may be disciplined, it is the Employer’s intent to correct problems associated with drug and alcohol abuse through referring first time offenders to the contracted EAP or other approved rehabilitation programs. If the EAP or another approved rehabilitation program recommends a course of treatment, that recommendation shall be the basis for a Referral Agreement. Referral agreements are entered into for the purpose of setting the conditions under which the employee may defer discipline. Therefore, when an employee voluntarily enters into rehabilitation in lieu of a required test or when he/she receives a positive test result, disciplinary action related to a positive test or voluntary disclosure will be withheld, pending satisfactory completion of the referral agreement requirements. Only employees found to be suitable for rehabilitative treatment will be eligible for deferral of discipline. Employees who waive the test or employees who test positive may access sick leave, vacation and/or comp time in lieu of administrative leave without pay during the period of time between the waiver or positive test result and the time the employee returns to work under the Return to Work Agreement. The Employer may place the employee on administrative leave with pay during such period at the Employer’s discretion. Employees shall be advised that they may be eligible for FMLA leave during this period and that they should work with their health care provider to make this determination. Employees who test positive may be subject to disciplinary action which can include probation, suspension, termination of employment or a requirement that the employee enroll in a rehabilitation, treatment or counseling program. Other than when exercising waiver in accordance with Section 6 above, employees who refuse to test, or who interfere or subvert the testing process, are considered to be insubordinate and subject to appropriate discipline. The terms and conditions of each referral agreement will be put in writing and signed by the employee, the Union and the Employer. At the employee’s request the requirement for Union signature may be waived but agreements made without the Union’s signature will not be precedent setting. Each referral agreement will contain some basic core requirements but will be designed giving consideration to the individual’s circumstances.