Full question:
As a result of a post drug screen my employer had me sign a Last Chance Agreement which stated that I would attend drug counseling and submit to weekly testing. He set up the counseling and loaned me the money for it. Four days later and before the counseling has begun he told me I can not return to work until I COMPLETE the counseling. The agreement was signed in order to keep me working. Is this legal and what should I do?
- Category: Employment
- Date:
- State: California
Answer:
In California, employers with 25 or more employees must reasonably accommodate workers who voluntarily enter drug or alcohol rehabilitation programs, as long as it doesn't cause undue hardship for the employer (Cal. Gov. Code § 1025). However, employers can refuse to allow an employee to work if they are currently using drugs or alcohol and cannot perform their job safely.
Additionally, employers are required to protect the privacy of employees enrolled in such programs (Cal. Gov. Code § 1026). While employers are not obligated to provide paid time off for treatment, employees can use their sick leave for this purpose (Cal. Gov. Code § 1027).
If you believe your employer has not provided reasonable accommodation, you can file a complaint with the Labor Commissioner (Cal. Gov. Code § 1028). It may be beneficial to seek legal advice to explore your options further.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.