Rehabilitation/Discipline. A. If the testing required above has produced a positive result, the Employer may take disciplinary action and/or require the employee to participate in any rehabilitation or detoxification program that is covered by the employee's health insurance. An employee who participates in a rehabilitation or detoxification program shall be allowed to use sick time, compensatory days, vacation leave and personal leave days for a period of the rehabilitation or detoxification program. If no such leave credits are available, the employee shall be placed on medical leave of absence without pay for the period of the rehabilitation or detoxification program. Upon completion of such program, and upon receiving results from a retest demonstrating that the employee is no longer abusing a controlled substance, the employee may be returned to the employee's position. Such employee may be subject to periodic retesting upon return to work for a period of one (1) year from the date of return to work. Any employee in a rehabilitation or detoxification program in accordance with this Article will not lose any seniority or benefits, should it be necessary for the employee to be placed on medical leave of absence without pay for a period not to exceed ninety (90) days. B. If the employee refuses to undergo rehabilitation or detoxification, or if the employee tests positive during a retesting within one {1} year after returning to work from such a program, the employee shall be subject to disciplinary action up to and including termination of employment.
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Samples: Labor Agreement, Labor Agreement, Labor Agreement