Current through Rules and Regulations filed through March 20, 2024
State agencies may use an Employee Assistance Program (EAP) to
assist their staff with addressing concerns that can negatively affect the
workplace. An EAP can be used as both a management tool and employee benefit to
build and maintain a quality workforce. Participation in an EAP neither
protects an employee from warranted disciplinary action, nor jeopardizes an
employee's job or career advancement.
(1)
Definition. For the purposes
of this Rule,"Employee Assistance Program" or "EAP" is a confidential service
established to assist state employees in coping with and overcoming problems
that may affect work behavior and/or performance. EAP confidentiality standards
ensure no one except the EAP and the person seeking assistance from the EAP
knows about the issue unless it meets one of the criteria that requires
disclosure. The EAP reports aggregate utilization to state employers, but not
the identity of participants, unless an exception requiring disclosure applies.
(See Sections (5) and (6)(d) of this Rule.)
(2)
Agency Participation and
Compliance.
(a) Each agency chooses
whether or not to use an EAP. Agencies who choose to use an EAP have the
discretion to participate in a program offered by the Commissioner or may
contract separately for EAP services.
(b) Each agency using an EAP may develop
internal program policies and/or procedures, provided they are consistent with
this Rule.
(3)
Funding. EAP services are funded from the individual agency's existing
budget.
(4)
Confidentiality.
(a) EAP participation
is confidential with limited exceptions as provided in Sections (5) and (6)(d)
of this Rule.
(b) Because certain
EAP participation may involve information protected by law from public
disclosure, agencies offering an EAP must take active steps to ensure that all
EAP records in their possession remain confidential. Such actions may include:
1. Maintaining any records referencing
employee participation in the EAP separate from the official personnel file in
a secure location with controlled access; and
2. Limiting access to such information only
to those with a "need to know."
(5)
Exception to
Confidentiality. EAP records (maintained by either the EAP or the
employer) disclosing an employee's identity and, as applicable, particular
information about the EAP participation, are released only when:
(a) The employee provides written
consent;
(b) Disclosure is required
by law, such as in the case of child abuse, elder abuse, or abuse to a disabled
individual;
(c) In response to a
court order;
(d) The EAP provider
believes disclosure is necessary to lessen a serious or imminent threat of
physical harm to a person or the public; or
(e) As the Commissioner's designee, an
Appointing Authority is satisfied that disclosure of EAP records maintained by
the agency is needed to assist law enforcement or medical personnel responding
to a life-threatening or medical emergency.
(6) Employee Participation.
(a) EAP participation is typically voluntary,
but may be mandatory in accordance with agency policy.
(b) At any time, an employee may voluntarily
seek assistance from an EAP.
(c)
Management may offer a non-mandatory referral when it recognizes that the EAP
may benefit an employee with unsatisfactory performance or other work-related
problems, or when an employee discloses a personal issue that may be negatively
affecting work. In these circumstances, the employee's EAP participation is
voluntary, and the employee may accept or decline participation without
penalty. Such management referral is not intended as a disciplinary measure,
nor does it replace the agency's policies and procedures for dealing with work
deficiencies.
(d) The Appointing
Authority, or designee, may require EAP participation in accordance with agency
policy. Mandatory referrals must be job-related and consistent with business
necessity.
(7)
Leave and Work Time.
(a) EAP
participation is typically not considered work time. The Appointing Authority
may, however, have a policy that authorizes work time for certain EAP
participation. Agencies that engage in mandatory referrals must grant work time
for EAP participation when required by the Fair Labor Standards Act.
(b)When an employee must use leave for EAP
activities, management should make a reasonable effort to approve the requested
time off. If the requested leave qualifies for Family and Medical Leave, the
agency is responsible for making such designation. See State Personnel Board
Rule
478-1-.23 Family and Medical
Leave.
(8)
Data
Reporting.
(a) Agencies must ensure
that EAP vendors provide aggregate utilization reports as part of the
contractual agreements. Such reports do not identify individual EAP
participants.
(b) Agencies are to
provide their aggregate EAP data, including aggregate data on mandatory
referrals, to the Department of Administrative Services, as directed by the
Commissioner.
O.C.G.A Secs.
45-20-3, 45-20-3.1, 45-20-4.
45-20-70, 45-20-71.
