Oklahoma Administrative Code
Title 260 - Office of Management and Enterprise Services
Chapter 25 - Personnel Administration Rules
Subchapter 21 - Employee Assistance Program
Part 1 - GENERAL PROVISIONS
Section 260:25-21-9 - Employee participation in the EAP

(a) An employee may be referred to the EAP by his or her supervisor, Appointing Authority, or other authorized personnel, or may contact the EAP without a referral.

(b) No employee shall prevent another employee from contacting the EAP.

(c) Appointing Authorities shall inform all employees of services provided by the EAP and shall distribute EAP-related materials to employees at the request of the EAP. Appointing Authorities may refer any employee to the EAP whose personal problems are having a negative impact on job performance, including employees who test positive for drug or alcohol use and employees who commit acts or threats of violence in the workplace.

(d) An employee shall not be disciplined or otherwise prejudiced in his or her employment by participating in or requesting assessment and referral assistance from the EAP in resolving personal problems. However, nothing in this Subchapter shall be construed to conflict with an appointing authority's responsibility and authority to maintain discipline or to take disciplinary measures against employees for misconduct or unacceptable performance. Further, participation or non-participation in any state employee assistance program shall not excuse an employee from discipline or otherwise affect the terms and conditions of such employee's employment status or opportunities for advancement with the state [74:840-2.10(E)].

(e) Participation in the EAP shall be on a voluntary basis [74:840-2.10(A)], except where participation is required by other state or federal law.