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ELM REVISION
Effective November 14, 2002, Employee and Labor
Relations Manual (ELM) is revised to reflect policy changes
to the Employee Assistance Program.
We will incorporate these revisions into the printed
version of ELM Issue 18 and into the online ELM available on the Postal Service PolicyNet Web site at
http://blue.usps.gov/cpim/; click on Manuals.
Employee and Labor Relations Manual (ELM)
* * * * *
8 Safety and Health
* * * * *
870 Employee Assistance Program
871 Introduction
871.1 Purpose
* * * * *
871.12 Alcohol or Drug Abuse
* * * * *
[Revise the last sentence of 871.12 by changing the "the
program" to "EAP," to read as follows:]
***EAP is not intended to alter or amend any of the rights or
responsibilities of postal employees or of the Postal Service
itself.
871.2 Definitions
* * * * *
[Delete item c and reletter existing items d through i as new
items c through h.]
* * * * *
[Add the following sentence to the end of relettered item g:]
g. ***If a reasonable period of time has elapsed since a
previously disclosed self-referral, the manager or
supervisor may, at his or her discretion, approve an
additional on-the-clock session.
* * * * *
871.3 Policy
* * * * *
871.33 Confidentiality
[Add the following sentence to the end of 871.33:]
***EAP records may not be placed in an employee's official
personnel file (OPF).
871.34 Reasonable Access
[Revise 871.34 to read as follows:]
The contractor providing counseling must endeavor to provide confidential counseling facilities within a reasonable
driving distance from the employee's work site or .
While it is desirable to provide ready accessibility to face-
to-face EAP counseling, areas exist where it is not possible
to do so. Counselors may offer telephone counseling or
request that the employee travel to the counselor's office.
Reasonable hours and days, including coverage of all three
tours will be set as mutually agreed to between the EAP
consultant and the HR manager. Counselors may adjust
their schedules to respond to crisis situations and to meet
other needs including, but not limited to, the provision of
education sessions, and facility visits.
871.35 Scheduling
[Revise 871.35 to read as follows:]
An employee's first visit to EAP is on the clock, whether the
visit is initiated by management, the union representative,
or the employee, unless the employee prefers to visit the
EAP unit on his or her own time. Subsequent consultations
are on the employee's own time. If a reasonable period of
time has elapsed since a management referral or a previously disclosed self-referral, the manager or supervisor
may, at his or her discretion, approve an additional on-the-
clock session.
872 Program Elements
872.1 Education
[Revise 872.1 by replacing the word "seminar" with "information" in the first sentence and by deleting the last
sentence, to read as follows:]
EAP counselors and/or subcontract counselors must provide information periodically for all Postal Service employees so that they may become aware of the EAP
services as well as the various personal problems that can
affect job performance or conduct.
872.2 Problem Identification, Referrals, and
Evaluation
872.21 Patterns of Behavior and Work Performance
Problems
[Revise 872.21 to read as follows:]
Certain patterns of behavior and/or work performance
can be indicative of problems affecting the employee.
Deterioration in attendance, appearance, conduct, ability,
or any combination of these factors may signal that the employee is experiencing a personal problem that may affect
his or her job performance. These problems may include
gambling, substance abuse, emotional stress, or marital
problems.
872.22 Referrals to EAP
872.221 Management Referrals
[Revise 872.221 to read as follows:]
If a supervisor or manager observes the characteristics
listed in 872.21, or has some other reason to believe that
the EAP could provide needed assistance to an employee,
he or she may refer the employee to the EAP. The referral
must be in writing and addressed to the EAP. The supervisor or manager should not attempt to diagnose the perceived problem. The employee has the option to refuse the
referral, and the employee cannot be disciplined for noncompliance. The counselor should contact the supervisor in
the event the employee did not appear for an on-the-clock-
scheduled appointment.
Exception: In instances when there is a Last Chance
Agreement, or when the employee has signed a settlement
agreement requiring EAP participation, the employee can
be disciplined for noncompliance within the terms of the
agreement.
872.222 Referrals From Others
[Revise 872.222 to read as follows:]
Fellow employees, union representatives, management
association representatives, medical personnel, family
members, or judicial and social service agencies may refer
employees to the EAP.
872.223 Self-Referrals
[Delete the words "service provider responsible for their
installation" from 872.223 to read as follows:]
Employees who desire assistance with a substance abuse
or other personal problem are encouraged to seek such assistance directly by personally contacting the EAP.
* * * * *
872.23 Problem Evaluation
[Revise 872.23 to read as follows:]
EAP counseling staff provide assessment services and
arrange counseling for employees or family members or refer them to appropriate treatment resources.
872.3 Recovery Counseling and Resources
872.31 EAP Counseling Units
[Revise 872.31 to read as follows:]
EAP units are staffed by EAP professionals trained to counsel and provide referral services to individuals who seek
their assistance. Postal EAP units are not equipped to provide detoxification or drug rehabilitation assistance, but
they do make use of referral programs and other treatment
facilities for these problems. To provide convenient, ready
access to EAP counseling services for all Postal Service
employees and their family members, a network of similarly
qualified and capable affiliate counselors also provide EAP
counseling services at other locations.
872.32 Residential and Community Resources
[Delete the word "wide" from the first sentence in 872.32 to
read as follows:]
A variety of other outside programs and treatment facilities
are available to be recommended to employees and family
members.***
872.4 Follow-Up
* * * * *
872.42 Discontinuance of Participation
[Delete the word "the" in 872.42 to read as follows:]
Whether an employee opts to continue or discontinue participation in EAP counseling, he or she is still responsible
for maintaining prescribed job performance standards.
872.43 Return to Work
[Revise the last two sentences of 872.43 to read as
follows:]
***After participating in the rehabilitative program, Postal
Service medical personnel or a contract physician must
examine the employee and make a recommendation to
management about his or her ability to return to work. The
installation head determines whether to return the employee to duty.
872.5 Program Evaluation
[Delete sections 872.52 and 872.53.]
873 Reinstatement of Recovered Employees
873.1 Policy
873.11 Consideration of Request
[Revise 873.11 to read as follows:]
Requests for reinstatement from recovered employees
should be given serious consideration, because the experience gained during postal employment might be a valuable
asset.
873.12 Consideration of Other Factors
[Revise 873.12 to read as follows:]
In reviewing reinstatement requests, local management
must consider the former employee's postal work history
and the nature of the charges that led to removal or resignation, as well as the eligibility factors set forth in ELM
873.2 and in Handbook EL-312, Employment and Placement. Exceptions to reinstatement consideration are made
whenever the former employee's record reflects either a
criminal conviction or pending criminal charges. In the latter
instance, circumstances outlined in Handbook EL-312
must be followed. In addition, exceptions to reinstatement
consideration are made when an employee has been removed from the Postal Service for theft of mail or postal
property, possession and/or sale of drugs while on duty,
fraud against the Postal Service, and/or assaults or threats
against postal personnel.
873.2 Eligibility
873.21 Procedures
Reinstatement of an individual, whose removal or resignation from the Postal Service is related to alcoholism, dependency on drugs, or other problems, may be considered
when the individual:
* * * * *
[Revise item b to read as follows:]
b. Is willing to accept reinstatement on the basis of continuing to successfully participate in a course of care
and/or activity based upon the recommendations of
the EAP counselor.
* * * * *
874 EAP Counseling Records
874.1 Policy
[Revise 874.1 to read as follows:]
Information about EAP counseling participants must be
held in confidence. As restricted information, the information may be disclosed only as described in ELM 874.4.
874.2 Definition of Restricted Information
[Revise 874.2 to read as follows:]
Restricted information is information with limitations on its
access within the Postal Service and its disclosure outside
the Postal Service consistent with the Privacy Act and Public Health Service Act.
874.3 Custodians of Records
* * * * *
874.32 Private Providers
[Revise 874.32 to read as follows:]
When EAP services are provided through an interagency
agreement or a private vendor, each EAP counseling service provider is responsible for maintaining records on participants. These counseling records are the property of the
primary provider and maintained in a system of records.
The primary provider must maintain policies and procedures for safeguarding the confidentiality of client data and
files and may be liable under the law for improper release of
such information. The primary provider agrees to assert
any privilege allowed by law and to defend vigorously postal and employee rights to confidentiality.
874.4 Disclosure
874.41 General
874.411 Usual Recipients
Information identifying program participants, whether or not
such information is recorded, may be disclosed as follows:
[Revise item a to read as follows:]
a. To medical personnel to the extent necessary to meet
a bona fide medical emergency involving the EAP
participant.
[Delete item b and reletter existing items c through g as
new items b through f. Revise new items b through f to read
as follows:]
b. To qualified personnel with the express written authorization of the vice president of Employee Resource
Management, for purposes of conducting scientific
research or program audits or evaluation. However,
under no circumstances may any identifying information be disclosed in the resulting evaluation, research, or audit reports.
c. To a court, when authorized by a court order upon
showing of good cause, such as when necessary to
protect against an existing threat to life or of bodily injury, or in connection with investigating or prosecuting
a crime. In addition, in litigation or an administrative
proceeding when authorized by the trier of fact, when
the EAP participant offers testimony or other evidence pertaining to the content of his or her EAP
participation. Counsel should be contacted for assistance in both evaluating the order and in determining
the extent to which information must be released.
d. To any person when the EAP participant gives prior
written consent to disclose information. This consent
to the release of information is specific indicating the
nature and scope of topics to be released, to whom
information is to be released, the purpose of the
disclosure, and the date on which the consent
terminates.
e. To a person in any situation in which the EAP counselor has a duty to warn.
f. To an expert, consultant, or other individual who is
under contract to the Postal Service to fulfill an
agency function, but only to the extent necessary to
fulfill that function, and in accordance with the Privacy Act restrictions as listed under 39 CFR 266.6.
* * * * *
874.42 Criminal Activity
874.421 EAP Records
[Replace the words "a program" with the words "an EAP" to
read as follows:]
No EAP counseling records or personnel may be used to
initiate or substantiate any criminal charges against an EAP
participant or to conduct any investigation of a participant,
except as authorized by a court order for good cause.
874.422 Limitation of Confidentiality
[Add the words "employee who is an" to the first sentence
to read as follows:]
If an employee who is an EAP counseling participant reveals the commission or intended commission of serious
criminal activity, the EAP counselor is not prohibited from
disclosing that information so long as the employee is not
identified as an EAP counseling program participant. Confidentiality does not apply in any of the following cases:
* * * * *
[Revise items b and c to read as follows:]
b. Incidents when information must be reported as required by state law, for example, mandatory reporting
of child abuse and/or neglect (elder/spouse abuse in
some states) occurs.
c. Disclosure that may be required to elements of the
criminal justice system that have referred employees
who are EAP participants.
[Delete part 875, Employee and Workplace Intervention
Analysts.]
* * * * *
- Employee Assistance Program/
Workplace Environment Improvement,
Employee Resource Management, 11-14-02
NOTICE
The 2002 U.S. Savings Bonds Campaign broke the
record!
With a total of 13,701 new or increased savers, this
year's campaign total exceeds last year's total of 10,130
new or increased savers. In addition to the standard Series
EE Bonds, we offered the Series I Bonds. We started 4,994
new allotments for the Series I Bonds. These new Series I
Bond allotments will become effective in Pay Period
24-02, which began November 2, 2002, and will be reflected in your pay check on November 22.
Thank you for supporting the 2002 U.S. Savings Bonds
Campaign.
- Information Technology Value,
Chief Technology Organization, 11-14-02
® This office will be
CLOSED
Thursday,
November 28, 2002,
to celebrate
Thanksgiving Day.
®
This office will be
CLOSED
Wednesday,
December 25, 2002,
to celebrate
Christmas Day.
®
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