Can my employer prohibit me from returning to work until I complete drug counseling?

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: 04/07/2025
• State: California

Answer:

The following are CA statutes:

1025. Every private employer regularly employing 25 or more
employees shall reasonably accommodate any employee who wishes to
voluntarily enter and participate in an alcohol or drug
rehabilitation program, provided that this reasonable accommodation
does not impose an undue hardship on the employer.

Nothing in this chapter shall be construed to prohibit an employer
from refusing to hire, or discharging an employee who, because of
the employee's current use of alcohol or drugs, is unable to perform
his or her duties, or cannot perform the duties in a manner which
would not endanger his or her health or safety or the health or
safety of others.

1026. The employer shall make reasonable efforts to safeguard the
privacy of the employee as to the fact that he or she has enrolled in
an alcohol or drug rehabilitation program.

1027. Nothing in this chapter shall be construed to require an
employer to provide time off with pay, except that an employee may
use sick leave to which he or she is entitled for the purpose of
entering and participating in an alcohol or drug rehabilitation
program.

1028. An employee may file a complaint with the Labor Commissioner
if he or she believes that he or she has been denied reasonable
accommodation as required by this chapter. Sections 98, 98.1, 98.2,
98.3, 98.4, 98.5, 98.6, and 98.7 shall be applicable to a complaint
filed pursuant to this section.