III. Z. Procedure: Employee Assistance Program Effective: September 15, 2010 I. Policy The Technical College System of Georgia (TCSG) recognizes that a broad range of difficulties such as depression, anxiety, stress or other emotional problems, family and/or marital concerns, alcohol and/or drug misuse/abuse, financial stress, legal problems, and other concerns (e.g., child care, elder care, traumatic events, etc.) may adversely impact an employee’s personal and work lives, as well as his/her job performance and productivity. As a resource to covered employees in their efforts to address difficulties in one or more of these areas, the TCSG provides a comprehensive Employee Assistance Program to its full-time employees through a contract provider. As an assessment, counseling, intervention, and referral service, the TCSG’s Employee Assistance Program is also a resource for System Office and technical college management and other individuals eligible to receive these services given their relationship to covered employees. The Program’s availability reflects the TCSG’s concern for the well-being of its employees and its commitment to accomplishing System’s goals and objectives through a productive workforce. II. Applicability All work units and technical colleges associated with the Technical College System of Georgia. III. Definitions Covered Employee: a full-time TCSG System Office and Technical College employee. Covered Individuals: an eligible employee’s recognized dependent(s) or other(s) living in the same household. Employee Assistance Program: a confidential assessment, counseling, intervention, and referral service provided to eligible TCSG employees as well as other covered individuals through a contract provider. Employee Assistance Program Provider: an individual associated with the TCSG’s contract EAP provider who holds licensure as a clinical social worker (LCSW), professional counselor (LPC), marriage and family therapist (LMFT), or psychologist. Immediate Supervisor: a supervisor who establishes performance expectations, coaches, develops, and assesses the performance of a subordinate employee. Reviewing Manager: a manager charged with reviewing the performance plans and evaluations prepared by lower level supervisor(s) in his/her direct line of supervision. IV. Attachments N/A V. Procedures A. General Provisions: 1. TCSG’s Employee Assistance Program (EAP) is a self-referral and/or management alternative which provides confidential, short-term assessment, counseling, intervention or, as applicable, referral services to full-time TCSG employees, as well as other covered individuals. 2. EAP services are available to a full-time employee’s recognized dependent(s) to include minor dependent children who may live elsewhere (e.g., those who may be attending a secondary school, college, or university in another state), and other individual(s) who may live in the same household as the covered employee. 3. Covered employees/individuals may, at no cost, receive up to eight (8), one (1) hour counseling sessions in a twelve (12) month period for each identified issue/difficulty. NOTE: the total number and frequency of such sessions shall be determined by the EAP provider. 4. If an employee leaves employment with the TCSG System Office or a technical college after an initial counseling session, he/she shall be eligible to receive services up to the maximum allotted eight (8) sessions for the identified problem/difficulty. 5. If an employee leaves employment with the TCSG System Office or a technical college without accessing services immediately prior to his/her departure, he/she shall be eligible to receive services through an EAP provider for a period not to exceed thirty (30) calendar days. 6. Covered employees/individuals needing counseling services or treatment beyond the scope of the TCSG contract or specialized in-patient/outoutpatient services will be referred to an appropriate treatment provider or facility. Any costs associated with the receipt of such services/treatment will be the responsibility of the covered employee/individual. 7. Supervisors and managers are charged with utilizing the TCSG Positive Discipline Policy to address a subordinate employee’s work performance, behavior/conduct, or time and attendance deficiencies. An employee’s participation in the Employee Assistance Program does not shield the individual from disciplinary action when his/her job performance or personal conduct warrants such intervention. Referral to the EAP shall not be considered a substitute for or a formal step of the Positive Discipline process. B. Employee Self Referral 1. Employees who elect to use the Employee Assistance Program at their own initiative may contact the EAP directly twenty-four (24) hours per day, seven (7) days per week. The System Office and each technical college shall ensure that its employees are aware of the program to include relevant contact information. 2. During regular business hours, an EAP intake counselor will determine if the employee’s/individual’s issue/difficultly is of a non-emergency, urgent, or an emergency nature. If there is no emergency, the counselor will offer the caller a confidential appointment within forty-eight (48) hours. For urgent situations, the counselor will offer an appointment with a provider the same day as the call. For emergency situations, the caller will be encouraged to seek immediate assistance at the closest emergency facility. 3. During non-business hours, the EAP intake counselor will first determine the criticality of the employee’s/individual’s issue/difficulty. If there is no emergency, the counselor will record the caller’s relevant demographic information and submit the information to an appropriate staff counselor the following day. For urgent or emergency situations, the counselor will make an appropriate determination as to the level of assistance/services needed and provide this information to the caller. 4. An EAP provider will work directly and confidentially with the covered employee/individual to assist them in identifying the cause of and work to resolve the problem/difficulty. When appropriate and as referenced in Paragraph V.A.5., the employee/individual may be referred for additional treatment or counseling. 5. No aspect of an employee’s EAP involvement can be shared with the System Office or technical college absent specific written authorization provided by the employee, including any referral for additional services/treatment. C. Supervisory Referral 1. In response to a subordinate employee’s performance, behavior/conduct issues, or attendance difficulties, his/her immediate supervisor or reviewing manager may (after discussing these concerns with the employee) refer the employee to TCSG’s Employee Assistance Program. 2. The immediate supervisor or reviewing manager is encouraged to consult with the System Office’s Director, Office of Human Resources or, as applicable, the technical college’s Human Resources Director/Coordinator to discuss this and other alternatives to address the identified work-related issues. 3. A supervisory referral strongly suggests that an employee should avail themselves of the available EAP services to help correct the noted deficiencies in his/her performance, behavior/conduct, or attendance. The final decision to use the EAP rests with the employee. D. Mandatory Referral 1. In response to an employee’s deteriorating job performance or concerns regarding unacceptable personal conduct or patterns of attendance, a mandatory referral may be issued. A mandatory referral may also be considered in instances in which an employee’s immediate supervisor or reviewing manager suspects that based on observable characteristics an employee’s work related difficulties may reasonably be linked to the use/abuse of alcohol or a controlled substance or that the employee is present at work with one of these substance(s) in his/her system (e.g. the smell of alcohol on an employee’s breath). 2. A mandatory referral for a System Office employee must be approved by the System Office’s Director, Office of Human Resources or General Counsel or, for a technical college employee, the college President or his/her designee. 3. Although the EAP is a viable resource for resolving the underlying factors which may result in work-related difficulties, participation (whether voluntary or mandated) is not a formal step in the TCSG Positive Discipline process. In the event that an employee’s job performance continues to decline, the immediate supervisor or reviewing manager has the full range of progressive disciplinary actions available in the Positive Discipline policy. The use of Positive Discipline may always be considered in addition to an EAP referral for an employee with serious and/or ongoing performance, behavior/conduct, or attendance difficulties. 4. When a mandatory referral is issued, the reason for the referral should be communicated to the employee. In addition, the employee should be advised that his/her refusal to accept the referral, actively participate in the counseling session, and fully comply with any subsequent treatment recommendations made by the EAP provider (to include additional counseling sessions) may result in disciplinary action up to and including separation from employment. 5. Information regarding the reason for the referral and appropriate background information (e.g., documentation re: performance deficiencies behavioral concerns, current and prior disciplinary action(s) will be forwarded to the counselor/therapist in advance of the initial counseling session. At the initial session, the employee will be asked by the counselor/therapist to sign a HIPAA-compliant form authorizing the use or disclose personal health information so that the counselor/therapist can communicate with the System Office or technical college as to whether the employee is in compliance with the terms of the mandatory referral and, as applicable, any accompanying treatment plan recommended for the employee. Any documents generated in conjunction with the referral and made available to the System Office or technical college shall be maintained confidentially in the employee’s medical file. 6. No private information shared in confidence in the counseling sessions will be provided to the System office or technical college unless: the employee expressly indicates on the HIPAA release form his/her permission for the counselor/therapist to do so or in instances in which the employee threatens to harm himself/herself or others or damage System Office or technical college property. NOTE: the EAP provider may be required to release privileged information in response to a court order or subpoena or as otherwise required by law. E. Appointments and Work Time 1. Appointments time are available after normal business hours and on Saturdays. 2. Employees may request to use leave for appointments that are scheduled during normal work hours. 3. For mandatory referrals, the initial evaluation appointment with an EAP provider will be considered as “hours worked” and no leave will be required. Subsequent treatment appointments, if any, will require the employee to take paid leave if established during normal work hours. F. Confidentiality 1. With the exceptions noted in Paragraphs V.D.6., all conversations between an employee and the EAP provider and any generated documentation are kept strictly confidential. No information may be released to a third party, including the TCSG System Office or technical college, without a signed authorization for the release of information. 2. For mandatory referrals only, limited information about an employee may be released to the TCSG System Office or technical college by the EAP provider to include: a. The status of the employee’s condition during treatment; b. The anticipated duration of treatment and any additional treatment recommendation(s); and, c. A final report from the provider relative to the employee’s ability to return to work and/or resume normal duties. VII. Records Retention A. Documents provided by an EAP provider regarding an employee will be maintained in the employee’s medical file.