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Workplace Addiction: What Employers Can Do to Help Employees

Written by: Chris Goodman, SEO Specialist

Clinically Reviewed By: Donnita Smart, LCDC

Quick Summary

Substance use disorders are common among people who work, and employers are in a good position to help someone get to treatment while keeping the workplace safe. A practical approach is a clear sequence: handle any immediate safety issue, talk about documented performance, involve HR and the Employee Assistance Program (EAP), review leave or accommodations, and plan the return to work. This guide covers each step, what the law does and does not protect, and a short script for managers. It is general information, not legal advice, so involve HR and employment counsel for specific cases.

Key Takeaways

  • SAMHSA estimated that 10.8 million full-time U.S. workers had a substance use disorder, based on 2008 to 2012 survey data.
  • Managers should address documented performance and safety, not try to diagnose. The EAP and treatment providers handle the clinical side.
  • EAPs are confidential, but there are limits, and a formal referral is different from an employee calling on their own.
  • FMLA and the ADA can protect treatment and recovery, but they are different laws with different rules, and neither protects current illegal drug use or excuses misconduct.
  • A planned, individualized return to work gives the employee the best shot at staying well and the employer a clear framework.

How Common This Is at Work

Substance use disorders are not rare among working people. Using 2008 to 2012 data, the Substance Abuse and Mental Health Services Administration (SAMHSA) reported that 10.8 million full-time workers had a substance use disorder. That is an older estimate, but it shows why many managers may eventually face a substance use or recovery-related concern on their team.

It also affects attendance. A 2022 study using 2018 national survey data found that substance use and substance use disorders among full-time employees were linked to more missed workdays, with polysubstance use disorders linked to the most. The authors estimated about $232,000 in lost wage value a year for a hypothetical company of 10,000 employees, and that figure leaves out alcohol. These numbers describe patterns across many workers. They do not predict what any one employee or policy will do.

Researchers have also proposed a framework called workplace supported recovery, which looks at how prevention, getting people to treatment, and supporting them afterward can fit together at work. It is a model and a research agenda, not proof that any one policy produces a specific result, but it is a useful way to think about the pieces.

A Practical Sequence for Managers

When a manager suspects a problem, it helps to follow the same steps every time. That keeps things fair, protects the employee’s privacy, and keeps the employer on solid ground.

  1. Handle any immediate safety concern. If someone seems impaired and their job involves driving, machinery or other people’s safety, remove them from that work right away and follow your written policy. If there is a medical emergency, call 911.
  2. Have a documented performance conversation. Talk about specific, observable things: missed shifts, errors, safety incidents, changes in behavior. Do not guess at a diagnosis.
  3. Refer to HR and the EAP. Offer the EAP as confidential support. If your company uses formal referrals, follow that process, and be clear with the employee about what the EAP will and will not share.
  4. Work through leave and accommodations. If the employee needs treatment, HR walks them through FMLA, company leave, short-term disability, and any accommodation request.
  5. Plan the return to work. Agree on expectations, schedule, any duty changes and check-ins before the first day back.

A Short Script for Managers

Keep it calm, private and specific. Something like this works:

“I want to talk about a few things I have noticed. You have missed four shifts this month, and there were two errors on the line last week. That is not like you, and I want to help you get back on track. I am not here to guess at what is going on. We have an Employee Assistance Program that is confidential and free, and here is the number. HR can also go over leave options if you need time for anything health related. Let’s meet again next week to check in on the attendance piece.”

Then document what was said, stick to the facts, and follow up as promised. Do not ask the employee to name a diagnosis, and do not share what they tell you beyond the people who need to know.

What the EAP Can and Cannot Do

The U.S. Office of Personnel Management describes an EAP as a voluntary, work-based program that offers free and confidential assessments, short-term counseling, referrals and follow-up. It is a good bridge between work and treatment, but it has limits worth explaining honestly:

  • When an employee calls on their own, the employer generally does not learn about it.
  • When an employer makes a formal referral, the EAP may report limited information, such as attendance, under the employer’s referral agreement and the consent and privacy rules that apply. Employees should ask the EAP exactly what may be shared.
  • Counselors may have to act on an immediate safety risk or a legal reporting duty.
  • Using the EAP does not erase documented performance or conduct problems, and it is not the same as job-protected leave.

Tell employees the truth about these limits. Overpromising confidentiality backfires the first time it does not hold. Our post on what an EAP like ComPsych covers explains the employee side.

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What the Law Protects, and What It Does Not

Two federal laws come up most. They are not the same, and neither is a blanket shield.

FMLA. Under the Family and Medical Leave Act, an eligible employee of a covered employer can take up to 12 workweeks of unpaid, job-protected leave in a 12-month period for a serious health condition. The Department of Labor’s FMLA fact sheet spells out who is covered: generally private employers with 50 or more employees, and employees with 12 months on the job, 1,250 hours in the past year, and 50 employees within 75 miles. Under the DOL’s rule on substance abuse and FMLA, leave can cover treatment from a health care provider, but not absence because of the use itself. An employer with an established, consistently applied policy may still act on substance use under that policy, whether or not the employee is on leave.

ADA. The Americans with Disabilities Act can protect people in recovery and, in some cases, people with alcoholism. The EEOC’s guidance on performance and conduct standards says the ADA does not protect someone who currently uses illegal drugs, that employers may prohibit alcohol and illegal drug use at work, and that employers can hold employees with alcoholism to the same performance and conduct standards as everyone else. It also says accommodations can include things like a modified schedule to attend a self-help program, and that reasonable accommodation never requires excusing poor performance or its consequences.

Safety-sensitive jobs. Employees in federally regulated transportation roles, such as trucking, aviation, rail, transit and pipelines, fall under the Department of Transportation’s drug and alcohol testing rules, including a specific return-to-duty process after a violation. Those rules sit on top of FMLA and the ADA.

State laws can add more. Talk to employment counsel before making a decision in a specific case. For more on the employee side, see our FMLA and addiction treatment guide and our FMLA resource page.

Planning a Return to Work

The return is a vulnerable time, and a plan helps both sides. Keep it individual, not one form for everyone:

  • Start from the treatment team’s input. With the employee’s permission, ask what schedule and supports their care plan needs, such as time for outpatient sessions.
  • Agree on the job. Confirm duties, any temporary changes, and any fitness-for-duty or return-to-duty steps that apply to the role.
  • Set check-ins. Short, regular meetings about how work is going, not about treatment details.
  • Protect records. Keep medical information separate from the personnel file and limited to people who need it.
  • Be clear about expectations. The same performance and conduct standards apply as for everyone else.

Flexible scheduling can make it possible to keep up with intensive outpatient care or support meetings while working. Our post on returning to work after rehab covers the employee’s view.

Building a Recovery-Friendly Workplace

Beyond individual cases, a few steps help across the board: a written substance use policy that frames addiction as a health condition while keeping clear safety rules, regular reminders about the EAP, training so supervisors know the sequence above, and health plans that cover substance use treatment. Small culture choices matter too, like not centering every team event on alcohol.

When to Reach Out for Help

If an employee is having a medical emergency at work, such as unresponsiveness, trouble breathing, chest pain or a seizure, call 911. If an opioid overdose is possible, call 911, give naloxone if it is available, and stay with the person until help arrives. If someone mentions thoughts of suicide, take it seriously and connect them with 988, by call or text. If they may act on those thoughts or cannot stay safe, call 911 and do not leave them alone. Do not wait for a performance process to run its course if someone is in danger.

Talking With a Professional

For specific cases, HR and employment counsel should guide decisions about leave, discipline and accommodations. For the clinical side, a treatment provider can assess what level of care an employee needs and what documentation they can provide. Discovery Point Retreat’s admissions team can explain to employees what an assessment involves. Any conversation between a treatment provider and HR should happen only with the employee’s permission.

FAQ

Can I fire an employee for going to rehab?

Firing someone for using FMLA leave or for seeking treatment can violate the law, depending on the situation. But FMLA and the ADA do not protect current illegal drug use, misconduct, or violations of a clearly communicated policy applied consistently. Talk to employment counsel before acting.

Should a manager ask if an employee has a substance use problem?

No. Stick to documented performance and behavior, refer to HR and the EAP, and let professionals handle any assessment.

Is EAP use completely confidential?

Mostly, but not entirely. Self-referrals are generally private. Formal employer referrals, safety risks and legal duties can change that. Be honest with employees about the limits.

What should a return-to-work plan include?

Schedule and duties, any role-specific return-to-duty steps, regular check-ins, how medical information will be handled, and the expectation that normal performance standards apply. Build it with the employee and, with their permission, their treatment team.

Do drug testing rules change any of this?

For federally regulated transportation jobs, yes. DOT testing and return-to-duty rules apply on top of FMLA and the ADA. For other jobs, follow your written policy and state law.

References

  1. Substance Abuse and Mental Health Services Administration. 10.8 Million Full-Time Workers Have a Substance Use Disorder (2008 to 2012 NSDUH). September 2014. Accessed October 2026. samhsa.gov
  2. Morgan JR, Murphy SM, Assoumou SA, Linas BP. Estimating absenteeism related to nonalcohol substance use in a US national cohort of full-time employees. Journal of Occupational and Environmental Medicine, 2022. Accessed October 2026. pubmed.ncbi.nlm.nih.gov
  3. Frone MR, Chosewood LC, Osborne JC, Howard JJ. Workplace supported recovery from substance use disorders: defining the construct, developing a model, and proposing an agenda for future research. Occupational Health Science, 2022. Accessed October 2026. pmc.ncbi.nlm.nih.gov
  4. U.S. Office of Personnel Management. Employee Assistance Programs. Accessed October 2026. opm.gov
  5. U.S. Department of Labor, Wage and Hour Division. Fact Sheet #28: The Family and Medical Leave Act. Accessed October 2026. dol.gov
  6. 29 CFR 825.119. Leave for treatment for substance abuse. Accessed October 2026. ecfr.gov
  7. U.S. Equal Employment Opportunity Commission. Applying Performance and Conduct Standards to Employees with Disabilities. Accessed October 2026. eeoc.gov
  8. U.S. Department of Transportation. Office of Drug and Alcohol Policy and Compliance. Accessed October 2026. transportation.gov

Related Reading

Resources

  • 988 Suicide and Crisis Lifeline. Call or text 988, or chat at 988lifeline.org. Free, confidential support 24/7.
  • SAMHSA National Helpline. Call 1-800-662-HELP (4357) or visit the SAMHSA National Helpline page for free, confidential referrals to local treatment.
  • 911. For any medical emergency, call 911 immediately.

This article is general education and is not medical or legal advice.

If an employee or someone you love needs help, call Discovery Point Retreat at (855) 245-7133 to talk with our admissions team.

author avatar
Reviewed By: Donnita Smart, LCDC Executive Director - Ennis
Donnita Smart is the Executive Director of Discovery Point Retreat with over a decade of leadership experience in addiction treatment and recovery services. She holds a Bachelor of Science in Social Work from the University of North Texas at Dallas and is a Licensed Chemical Dependency Counselor, with a proven track record in managing multi-site programs, regulatory compliance, and strategic growth. Donnita leads with compassion, accountability, and collaboration, driving programs that support lasting recovery for individuals and families.