Should your boss pay for your rehab?
Employers do have some legal obligations.
Johnny C. Taylor Jr., a human-resources expert, is tackling your questions as part of a series for USA TODAY. Taylor is president and CEO of the Society for Human Resource Management, the world’s largest HR professional society.
The questions submitted by readers and Taylor’s answers below have been edited for length and clarity.
Question: We are a small company. One of our employees had a substance-abuse issue, and the company paid to send him to rehab. He is back at work and doing well. While we are happy he is healthy, some resent that he got “paid time off ” and company funds were spent on him individually. Another employee, also with an abuse issue, refused similar efforts and had to be let go. That worker then collected a fairly large unemployment benefit. Now the employee who did go to rehab thinks that is unfair, as he didn’t get similarly compensated. Can you share how this situation is typically handled and how compensation is handled? – Mark
Johnny C. Taylor Jr.: Big cities, small cities, rural communities – it doesn’t matter. Substance abuse is everywhere, and it negatively affects the workplace.
Employers may have obligations (under the Family and Medical Leave Act and the Americans with Disabilities Act, for example) in managing employees with substance-abuse issues, depending upon the unique circumstances of that person’s problem. Such accommodation can take the form of time off to pursue treatment without the fear of losing a job.
While employers are not required to contribute to the cost of treatment, those who do so view it as the right thing to do. Based on your description, it appears your employer not only complied with its legal obligations to accommodate an employee but went a step further to assist with a difficult situation that could derail an employee’s professional and personal life.
Employees are permitted to take the sick, vacation, personal or PTO time they have earned while in treatment.
If an employee declines to be treated, he can be fired if the issue negatively impacts attendance, performance and behaviors in the workplace.
Unemployment benefits vary slightly by state, with the average unemployment payout about 36 percent of an individual’s normal pay. So, the description of a “fairly large” unemployment benefit likely is not accurate.
As for the resentment felt in your workplace, it’s important to remember that time spent in a substance-abuse rehabilitation center is not an employer-sponsored paid vacation.
My advice to your colleagues? Set aside the resentment and consider yourself lucky to work for an employer who is committed to the well-being of its employees.
Q: Job applications often ask, “Have you applied for a job with us in the past?” Of course, I want to be honest, but will this be used against me? For example, do they pull up my name and say, “Oh, he’s applied with us three times in the past 10 years but has never been considered, so we won’t even look at him now.” Or do they scan my current cover letter to compare to my previous cover letters? Why do employers ask this question, and should I worry about it? — Doug
Johnny C. Taylor Jr.: This is an oldschool recruiting question to determine whether a person has been eliminated from consideration in the past. It is a question that many companies are no longer asking.
Companies with applicant tracking systems should be able to determine quickly whether someone has applied recently.
If an HR professional or recruiter truly believes she needs this information, a better question would be: Have you applied to us within the last 12 months? This could be a helpful question because, if a candidate applied more than a year ago, he might have gained new experiences and skills since then. Here’s my advice to you:
❚ Try again. When you last applied, the job might not have been right for you. This time, it might be a good fit.
❚ Cover it in a letter. Be transparent about your application history and, most important, outline why you’re qualified for the position and a good match for the company now. You could say something along these lines: “Yes, I have applied for other opportunities with your firm in the past. While you may not have found me to be quite the right fit in those earlier opportunities, I continue to find that, based on my research, your organization would be one I would find to be a great place to work. I hope you will take the time to review my credentials again and consider how I could be of benefit to your company.”
❚ Contact the hiring manager. Follow up with a note of interest to the hiring manager, if possible. This shows you are willing to go the extra mile.
Persistence is a great virtue in job candidates. Keep at it, and I hope you get the outcome you’re looking for.