Employee Assistance Program Policy

Purpose

To help employees and their immediate family members identify and manage personal issues and concerns that affect their health, well-being, and productivity.

Applicability

All employees and their immediate family members. Where a collective bargaining agreement or a union health-and-welfare plan provides its own EAP-equivalent benefit, its terms govern in place of this policy.

Policy

The company provides an Employee Assistance Program (EAP) — a confidential, voluntary, company-paid counseling service delivered through outside providers. Professional counselors (for example, licensed clinical social workers, psychologists, marriage and family therapists, and psychiatrists) are available to employees and their families near home or work.

Services provided

• Free, in-person assessment and short-term counseling for emotional, relationship, family, and alcohol- or drug-dependency concerns.
• Telephone consultation for child care and elder care referrals, legal and financial questions, tax questions, retirement planning, and general life-management issues.
• A limited number of sessions/consultations are pre-paid by the company. Where additional treatment is needed, the EAP counselor works with the employee to identify appropriate, cost-effective care considering the employee's financial situation and health plan coverage; costs beyond what the EAP or health plan covers are the employee's responsibility.

Accessing the EAP

Employees or covered family members may self-refer at any time — the earlier a concern is raised, the more effective early intervention tends to be. A manager or co-worker may also encourage someone to reach out on their own.

A manager referral may also occur where job performance appears to be affected by a personal problem, as part of a broader corrective-action process. Participation in the EAP is always voluntary and will not, by itself, jeopardize an employee's job security or advancement opportunities, provided performance remains satisfactory. An employee referred by a manager retains the right to decline EAP services; however, if job performance does not return to an acceptable level, standard disciplinary procedures still apply regardless of EAP participation.

Where an employee's own policy violation (for example, under a workplace drug or alcohol policy) triggers EAP involvement, willingness to use the EAP afterward does not, by itself, preclude or reduce otherwise appropriate disciplinary action.

Confidentiality

The EAP will not disclose information about an employee's participation, the services provided, or the nature of the concern, except as the employee authorizes, or as required by law (for example, where failure to disclose would create an imminent risk of serious harm to the employee or others, or in response to valid legal process). Where a manager referral is involved, it may be in the employee's interest to authorize limited disclosure; in that case, only the following may be shared with the referring manager:

• dates and times of sessions attended;
• general prognosis; and
• recommendations made to the employee.

There should be no reference to EAP participation in an employee's general personnel file; EAP-related records are kept separately and confidentially.

Substance-use records note: where the EAP itself provides (or arranges) substance use disorder assessment, counseling, or treatment referral of a kind that qualifies as a "federally assisted" program under 42 CFR Part 2, records identifying an employee as having sought or received substance-use-disorder services are subject to Part 2's confidentiality rules — which are generally more protective than HIPAA and require the employee's specific written consent for most disclosures, including disclosures back to the employer. Confirm with the EAP vendor and counsel whether Part 2 applies to your specific EAP arrangement, and ensure any consent form used for manager-referral disclosures (above) meets Part 2's consent-content requirements where it does.

Responsibilities

Role	Responsibility
Employee	Seeks assistance proactively, before a personal issue affects work performance.
Manager	Reminds employees the EAP is available (for example, at orientation or team meetings); encourages self-referral when performance concerns may relate to a personal issue; offers to help arrange an appointment; consults HR before making a formal referral tied to a corrective-action process.
Human Resources	Maintains the EAP relationship and referral guidelines; advises managers on appropriate use; ensures EAP-related records are kept confidential and separate from personnel files.