AtWorkInVa
07-01-2005, 10:10 AM
I am currently employed in a VA facility, our corporation is based in IL so I am not sure where the jurisdiction falls.
Last fall I took Short Term Disability for a little over a month for outpatient treatment of alcoholism as part of continued conditions of employment (Employer required treatment due to alcohol in system during work hours). I recieved a 1st level Corrective Action Notice upon return to work for the offense committed before leave.
My 2004 yearly review was negatively affected for my alcohol abuse and attendance issues.
In Feb a 2nd level Corrective Action was filed against me by my former Manager for alcohol and continued tardiness. I fought it on grounds that my tardiness was within policy limits (>3 in 60 day period) and the alcohol was below DOT .02 limit. The Corrective Action was not enacted but a non-issued "copy" was placed in my Employee Record, with the stated reasons for not filing.
Work continued well for some time until I felt my alcoholism was soon to be "out of control" again and decided to seek, at my discretion, inpatient treatment in June. I was placed on Short Term Disability for 3 weeks during this time. My company policy states that any leave taken after 30 days of a former leave is to be treated as a new and unrelated illness/condition.
I have been back to work for a couple of weeks now and have recently received a LAST CHANCE AGREEMENT from my employer that I am to sign. This agreement states such things as, but is not limited to:
- I must complete a rehabilitation plan by a therapist
- I authorize persons involved in treating me to disclose to my HR progress, drug use, or dangers in working.
- I will abstain from using/traffiking illegal drugs
- I will cooperated with random drug tests, breath test for an extended period of time.
I feel this Work Agreement is directly related to my Short Term Disability (STD) leave and is a form of reprimand. I do not know of any instances where my employer has made similar requirements for other cases of STD.
I have been released to work with no restrictions by the doctor that treated me during leave, and by my returning to normal duty, my work acknowledged the release to work.
If it does not qualify as a reprimand than it may be straight forward disability discrimination.
Any help/advice is welcome.
Last fall I took Short Term Disability for a little over a month for outpatient treatment of alcoholism as part of continued conditions of employment (Employer required treatment due to alcohol in system during work hours). I recieved a 1st level Corrective Action Notice upon return to work for the offense committed before leave.
My 2004 yearly review was negatively affected for my alcohol abuse and attendance issues.
In Feb a 2nd level Corrective Action was filed against me by my former Manager for alcohol and continued tardiness. I fought it on grounds that my tardiness was within policy limits (>3 in 60 day period) and the alcohol was below DOT .02 limit. The Corrective Action was not enacted but a non-issued "copy" was placed in my Employee Record, with the stated reasons for not filing.
Work continued well for some time until I felt my alcoholism was soon to be "out of control" again and decided to seek, at my discretion, inpatient treatment in June. I was placed on Short Term Disability for 3 weeks during this time. My company policy states that any leave taken after 30 days of a former leave is to be treated as a new and unrelated illness/condition.
I have been back to work for a couple of weeks now and have recently received a LAST CHANCE AGREEMENT from my employer that I am to sign. This agreement states such things as, but is not limited to:
- I must complete a rehabilitation plan by a therapist
- I authorize persons involved in treating me to disclose to my HR progress, drug use, or dangers in working.
- I will abstain from using/traffiking illegal drugs
- I will cooperated with random drug tests, breath test for an extended period of time.
I feel this Work Agreement is directly related to my Short Term Disability (STD) leave and is a form of reprimand. I do not know of any instances where my employer has made similar requirements for other cases of STD.
I have been released to work with no restrictions by the doctor that treated me during leave, and by my returning to normal duty, my work acknowledged the release to work.
If it does not qualify as a reprimand than it may be straight forward disability discrimination.
Any help/advice is welcome.
