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AB 13 EAP and Fitness for Duty

Last modified by Ryan Larkin on 2022/03/01 16:28

Washington County Sheriff's Office

ADMINISTRATIVE DIVISION

Policy Manual

Volume: AB

Staff Management

Chapter: 13

EAP and Fitness for Duty

Replaces and/or Supersedes:

None

Published:

06/17/2013

Review Date:

03/01/2022

Sheriff Nate Brooksby

Undersheriff Barry Golding

TABLE OF CONTENTS

AB 13_101  Definitions

AB 13_102  References

AB 13_103  Employee Assistance Program

AB 13_104  Fitness for Duty Examination

AB 13_101 DEFINITIONS

  1. WCSO:  Washington County Sheriff's Office
  2. PCF:  Purgatory Correctional Facility
  3. EAP:  Employee Assistance Program
  4. FFDE:  Fitness for Duty Examination
  5. FMLA:  Family Medical Leave Act

AB 13_102 REFERENCES

  1. United States Code: 29 U.S. Code §2613(c).
  2. Utah Code Annotated: 76-2-408

AB 13_103 EMPLOYEE ASSISTANCE PROGRAM

  1. Policy:
    1. Supervisors shall refer employees to the EAP after an event when the employee was actively involved in a critical incident as defined under UCA 76-2-408(f).
    2. Supervisors may refer employees to the EAP at anytime. Situations or events which may prompt an EAP referral include, but are not limited to:
      1. Emotional stress;
      2. Divorce;
      3. Family trouble;
      4. Financial difficulties; and
      5. Observed and documented abnormal behavior.
    3. All referrals to the EAP shall be documented in the employee's employee file. The employee shall be given a copy of this documentation.
    4. Participation in the EAP does not shield the employee from disciplinary action.
    5. EAP participation shall be voluntary. Employees shall not be required to participate in the EAP.
    6. Information discussed during an EAP visit shall remain confidential. The WCSO may only request confirmation of attendance and dates of attendance. Specific content can only be released by the EAP counselor if the employee signs a release of information permitting such disclosure.
  2. Rationale:
    1. A written referral communicates the WCSO's attempt to encourage and support the employee in resolving problems.

AB 13_104 FITNESS FOR DUTY EXAMINATION

  1. Policy:
    1. With cause, the Sheriff may require any employee to participate in an FFDE for reasons including, but not limited to:
      1. A serious medical event; or
      2. An abnormal observed and documented behavior.
    2. An employee shall not be required to submit to a FFDE without the Sheriff's approval.
    3. The FFDE shall be conducted by a certified physician or psychologist, depending on the reason for the examination.
    4. Employees should be required to submit to a FFDE when actively involved in a critical incident as defined under UCA 76-2-408(f).
    5. The reason for a required FFDE shall be documented in the employee's personnel file. The employee shall be given a copy of this documentation.
    6. In relation to a required FFDE, the employee should be considered “on the clock” and should be paid for time spent and should be provided means for transportation (i.e., a vehicle, an escort, or monetary reimbursement for transportation expenses).
    7. An employee who has been certified by a physician or psychologist to return to work, shall not be required to participate in an additional FFDE unless the employee's post-leave behavior or a new event justifies it.
    8. If an employee voluntarily or involuntarily is placed on FMLA leave and the health care professional certifies that the employee is fit for duty, there cannot routinely be another FFDE as a condition of reinstatement, including reinstatement to the right to carry a firearm. However, the WCSO may demand a second professional opinion if it "has reason to doubt the validity" of the provider's certification.
  2. Rationale:
    1. A FFDE is done in order to determine whether or not an employee is able to perform essential job functions without risk of harm to self or others.
    2. Requiring an employee to submit to a FFDE should not be taken lightly due to the burden placed upon the employee; therefore, it should be approved only at the highest level of the organization's administration (i.e., the Sheriff).
    3. Employees have the right to know why a FFDE has been required of them.
    4. Employees should be compensated for job-related requirements.