PAP.14.7.110 Employee Assistance Program

The LCO Development Corporation recognizes that individual employees may develop personal problems which could have negative effects on job performance. The LCO Development Corporation offers an Employee Assistance Program (EAP) for all employees, the purpose of which is to encourage the early diagnosis and treatment of personal, psychological, and medical problems. Employees are encouraged to contact the Human Resource Director, or designee, for information regarding the EAP. Employees are responsible for submission of all documents and paperwork to pay the costs incurred for services rendered in connection with the EAP. Employees may utilize their health insurance plan as coverage is available; otherwise the service will be self-pay. Employees may attend a scheduled EAP appointment with the LCO Clinic during work hours. If the EAP appointment is at another facility the employee may use permitted paid or unpaid leave for EAP absences. EAP appointments (that the employee is required to attend by the Employer) will be coordinated with the employee's supervisor so customer service does not get interrupted.

(a) Self-Referral. An employee may request assistance from their supervisor for personal, psychological, or medical reasons at any time during their employment. Strict confidentiality will be maintained throughout this process.

(1) Procedure: A department head or director shall provide the employee and the Human Resource Director, or designee, with written notice using the LCO Clinic – Behavior Health Clinic intake form and a signed consent form to release and or share information between departments of any referral. The Human Resource Director will set up the EAP Process with the LCOCHC – Behavioral Health Director. The Behavioral Health Director will report to the Human Resource Director on the status of the referral within five (5) working days after receipt of the referral. Regardless of any EAP referral, employees must maintain an acceptable level of job performance. Documentation of completion or non-completion of the EAP will be on file in the employee's personnel file located in the Human Resource Department.

(A) A leave of absence to attend inpatient treatment shall be granted to employees requesting assistance through self-disclosure. The leave of absence may not exceed 12 weeks pursuant to Section PAP.14.7.090 of this manual.

(B) Employees placed on a leave of absence from self-disclosure shall:

(i) Be allowed to return to the position, shift, and level of seniority that was held by the employee prior to the leave being granted.

(ii) Be allowed to maintain tribally sponsored Health; Life and short-term disability Insurance Benefits during the leave. The employee will be responsible for their portion of insurance premiums.

(iii) Be allowed to utilize any accrued Paid Time Off hours earned prior to the leave.

(iv) Any accrual of Paid Time Off hours shall be in accordance with the Tribe's policies on family and medical leave pursuant to Section PAP.14.7.090 of this manual.

(C) An employee returning to duty following a leave of absence from self-disclosure will be required to undergo testing for illegal drugs and prescribed medication for which they do not have a valid prescription as a condition of returning to work. If the applicant is suspected to be under the influence of alcohol at the time of return to drug screen, a PBT may be requested. Employees who refuse to take a test is thereby insubordinate will be considered to have produced a positive test result and shall be terminated. Upon receipt of a positive test result as defined in Section PAP.14.2.010(o), the employee shall be subject to disciplinary action, up to and including termination pursuant to Section PAP.14.8.080(f) of this manual and the positive test sample will be sent for a confirmation test result pursuant to Section PAP.14.8.080(a) of this manual.

(D) Utilization of this self-disclosure provision does not negate any disciplinary action for which an employee is subject to pursuant to Section PAP.14.8.080(f) of this manual, or any other tribal law or policy.

(b) Employer Referral. An employee's department head or director shall refer an employee to the Human Resource Director, or designee, when an employee's conduct mandates as such.

(1) Procedure: A department head or director shall provide the employee and the Human Resource Director, or designee, with written notice using the LCO Clinic – Behavior Health Clinic intake form and a signed consent form to release and or share information between departments of any referral. The Human Resource Director will set up the EAP Process with the LCO Clinic – Behavioral Health Director. The Behavioral Health Director will report to the Human Resource Director on the status of the referral within five (5) working days after receipt of the referral. Employees shall comply with the referral to the EAP and follow subsequent recommendations for referral and treatment. Failure to show-up for required scheduled EAP appointment will result in further disciplinary action up to and including termination of employment. Regardless of any EAP referral, employees must maintain an acceptable level of job performance. Documentation of completion or non-completion of the EAP will be on file in the employee's personnel file located in the Human Resource Department.

(A) A leave of absence to attend inpatient treatment shall be granted to employees when required by an approved LCO Clinic- Behavioral Health EAP treatment plan. The leave of absence may not exceed 12 weeks pursuant to Section PAP.14.7.090 of this manual.

(B) Employees placed on a leave of absence when required by an approved LCOCHC- Behavioral Health EAP treatment plan shall:

(i) Be allowed to return to the position, shift, and level of seniority that was held by the employee prior to the leave being granted.

(ii) Be allowed to maintain tribally sponsored Health; Life and short-term disability Insurance Benefits during the leave. The employee will be responsible for their portion of insurance premiums.

(iii) Be allowed to utilize any accrued Paid Time Off hours earned prior to the leave.

(iv) Any accrual of Paid Time Off hours shall be in accordance with the Tribe's policies on family and medical leave pursuant to Section PAP.14.7.090 of this manual.

(C) An employee returning to duty following a leave of absence from a referral of the employer will be required to undergo testing for illegal drugs and prescribed medication for which they do not have a valid prescription as a condition of returning to work. If the applicant is suspected to be under the influence of alcohol at the time of return to drug screen, a PBT may be requested. Employees who refuse to take a test is thereby insubordinate will be considered to have produced a positive test result and shall be terminated. Upon receipt of a positive test result as defined in Section PAP.14.2.010(o), the employee shall be subject to disciplinary action, up to and including termination pursuant to Section PAP.14.8.080(f) of this manual and the positive test sample will be sent for a confirmation test result pursuant to Section PAP.14.8.080(a) of this manual.

(D) Participation in an approved LCOCHC- Behavioral Health EAP treatment plan does not negate any disciplinary action for which an employee is subject to pursuant to Section PAP.14.8.080(f) of this manual, or any other tribal law or policy.