4.24.3 Employee Assistance Program "EAP"
A. Purpose
To establish an employee assistance program
B. Persons Affected
This policy covers all employees of The University of Texas at Tyler and The University of Texas Health Science Center at Tyler (collectively, the “University”).
C. Definitions
N/A
D. Policy
The EAP provides confidential, professional assistance to help our employees and their immediate family members resolve problems that affect their personal lives and/or performance on the job.
UTT recognizes that alcoholism, drug dependency, and emotional problems are illnesses for which there are effective treatments and rehabilitation. We support any employee seeking appropriate assistance for these or other problems through the EAP. We also encourage employees to take actions to prevent physical and mental health problems from occurring. The EAP coordinates health enhancement programs as an additional benefit to UTT employees.
Confidentiality
Confidentiality is guaranteed to any employee who uses the services of the EAP. The specific nature of an employee's problem will not be discussed with supervisors or any other employee. Any records maintained by the EAP will be maintained under lock and key. The only persons who have access to EAP records are the staff of the EAP. Any contact between the EAP and an employee is confidential, unless the employee releases the EAP to provide information to a supervisor or a treatment provider. The only circumstance under which confidentiality may be suspended is if, in the judgment of the EAP staff, an employee represents a threat to him/herself or others, or it is required by law.
Self-Referrals
Employees are encouraged to seek assistance for personal problems by calling the EAP before job performance is impaired. Problems treated early are usually simpler to correct. Self-referrals are confidential and no contact is made between the EAP and supervisors, unless approved by the employee or, in the judgment of the EAP staff, an employee represents a threat to him/herself or others.
Supervisory Referrals
Supervisory referral to the EAP will be based strictly on deteriorating or unsatisfactory job performance or reasonable cause as determined by management. The decision to accept a referral to the program and the subsequent referrals for treatment is voluntary and is the personal responsibility of the employee. However, if the employee refuses to follow through with the referral to the EAP, the employee may be subject to disciplinary action up to, and including, termination
Supervisory referrals may be made by contacting the EAP in person or by telephone. In the case of supervisory referrals, the only information received by the supervisor is:
- the employee did or did not keep the appointment (in no case will the nature of the problem or personal matter discussed in counseling be revealed to the supervisor).
- the employee has accepted or rejected the offer to help.
- the employee will or will not require some time away from work for necessary treatment.
Job Performance
The EAP supplements, but does not replace, the existing procedures for dealing with deteriorating or unsatisfactory job performance. Persons participating in the program will be expected to meet existing job performance standards and established work rules. As long as the employee's job performance is acceptable, no disciplinary action will be taken if an employee chooses not to accept the assistance offered. However, regardless of whether or not an employee seeks help through the EAP, the usual disciplinary procedures (up to, and including, termination) for poor job performance will be followed if an employee's job performance is unsatisfactory.
Employment Conditions
Seniority, promotional opportunities, and merit increases will not be affected by an employee's utilization of the EAP.
Referral to Community Resources
The EAP Coordinator maintains an up-to-date listing of community resources for referral of employees and/or family members whose particular problems require more specialized or comprehensive assistance.
In those situations when the necessary help needed is not covered by the employee's medical benefit plan, the EAP Coordinator will assist the employee in finding the most qualified and cost effective resources available from public and/or private organizations. These may include self-help groups or agencies that often base their changes on the client's ability to pay.
The employee is responsible for those charges not covered under the medical benefit plan.
Leave for Treatment or Rehabilitation
Sick leave may be granted for treatment or rehabilitation on the same basis as for other health problems. Consideration will also be given for the use of annual leave or leave without pay if sick leave is not available.
Peer Assistance Programs and Professional Licensing Boards
Certain professional organizations in fields such as nursing, medicine, and pharmacology have established guidelines for maintaining licensure and utilization of Peer Assistance Programs when substance abuse or mental illness becomes an issue in a member's practice of his/her profession. The EAP is designed to support the goals and policies of these professional boards and their programs. The policies of the EAP or utilization of the EAP services shall not release UTT employees from any professional obligations, requirements, or codes of conduct. The EAP may work in conjunction with professional boards and Peer Assistance Programs in assuring the compliance of work impaired UTT employees with the requirements of their professional organizations, The Texas Peer Assistance Act, and other applicable federal and state statutes. No cooperative agreement with such organizations shall release the EAP staff from their obligations with regard to confidentiality.
If the employee chooses not to accept assistance at this time, the Supervisor should reinforce UTT’s expectation for improved performance and the consequences for failure to improve as set forth in the policy. The Supervisor should also point out that the EAP will be available should the employee change his/her mind in the future.
All information pertaining to the employee's referral to the EAP Coordinator and information provided by the Coordinator to the Supervisor will be accorded the highest standards of confidentiality.
If work performance continues to be substandard, normal supervisory procedures regarding poor performance, including appropriate disciplinary actions, should be followed by the Supervisor, even if an employee is being or has been referred to the EAP.
The Chief Human Resources Officer, Director of Compliance or designee should be consulted on disciplinary action before it is implemented.