How does a working drunk get sober?

July 6, 2009 12:07 PM

Looking for info regarding employer disability laws relating to alcohol rehab in state of Conneticut.

I fully understand you're not my lawyer.

Can an alcoholic go into rehab in Connecticut and receive disability pay? Are alcoholics protected under disability laws? To what extent? Can anyone recommend steps for managers or supervisors who are aware that a good employee (one they like and do not want to fire) is an alcoholic?

What are the laws to be aware of? What are the constraints of employers?

Anyone have any experience with this they can share?


DrunksMagooATGmail.com for more info.

To be clear, I'm not the alcoholic in question. I'm looking for effective, compassionate ways to handle this from the employer's side, either formally or informally.

posted by anonymous to work & money (4 comments total)

I'm not a lawyer, and certainly not a disability lawyer, but for starters, you should realize that disability law is significantly a federal issue, governed by the Americans with Disabilities Act. When people talk about "getting disability" what they're usually referring to is Social Security Disability Insurance, a program administered entirely by the Social Security Administration, which is a federal entity. I highly doubt alcoholism will qualify anyone for disability benefits. Look here for a discussion there. It seems that if alcohol is a material aspect of a qualifying condition--and it certainly is in the case of alcoholism--that such claims are almost automatically denied. The SSA itself indicates that chronic liver disease caused by alcohol abuse can qualify you for benefits, but only if the damage 1) interferes with your ability to work, and 2) cannot be reversed with treatment. This is the sort of thing for which sick days and extended leaves are designed. Alcoholism doesn't strike me as the sort of thing that the government would be willing to classify as permanent partial or total disability. You can, in fact, get better with treatment. So no help there.

It does appear, however, that alcoholism is a condition which is, to a certain degree anyway, protected under the ADA, as a treatable condition in DSM-IV. From the article:

"People with past drug or alcohol problems are protected from job discrimination by the ADA, as are persons with current alcohol problems who are able to perform their job. The only individuals with drug and alcohol problems who do not have the same rights as others with disabilities are those who currently use drugs illegally."

So as long as booze doesn't actually interfere with an employee's performance of their job job--and I'd imagine that could be a pretty tough case for the employee to win--you can't fire them.

But it doesn't sound like you want to do that. It sounds like you want to help someone get help. In which case I would direct you to your municipal/county social services office. They'll have a list of programs, including AA, to which you can direct the individual in question. I guarantee there will be something that can be made to work given the constraints of both budget and scheduling.
posted by valkyryn at 1:10 PM on July 6

Are you looking for a way to help this person with minimal profession damage, concerned about potential liability on your employer's part or both? And do you have any financial "budget" with which to address it?

Personally, I'm in favour of these situations being handled as informally as possible, but that's an option which may carry with it some exposure to liability on your employer's behalf depending on the person's position within the company and their duties. There's a difference between a subtance use/abuse issue which affects an employee's performance in general and one which affects their performance in a manner which exposes the company to potential legal liability.

One thing which would concern me as an employee is the long-term consequences of whatever action my employer took. My perception is that personal information is not very well protected in the US and that something like "on disability for alcohol problems" could well be information that a future employer would have access to and which would adversely affect your employee for many years into the future.
posted by Lolie at 1:16 PM on July 6

You may also want to look into the Family and Medical Leave Act, which provides for unpaid leave to pursue medical treatment. Alcoholism treatment is covered under that law, which applies to employers with 50 or more employees.
posted by decathecting at 1:39 PM on July 6

I just dealt with this for a family member. FMLA and your state leave acts are where you want to look first. Rehab is covered medical treatment under FMLA and may be under your state leave act. Generally, whatever law is most favorable to the employee is the one that is applied. The ADA is something to look at after all FMLA/state leave time is used up and when the person gets back onto the job if they need any reasonable accommodations.

The FMLA has a great website with a wonderful FAQ section. I know in Oregon, BOLI also has a great outreach program for employers. You might want to check your state's bureau of labor and industry for guidance on the laws that are applicable.

Finally, be aware of HIPAA laws - the employee's medical privacy is often overlooked when an employer has to deal with all the other laws out there.
posted by miss meg at 7:14 PM on July 6