There’s nothing easy about confronting an alcoholic employee. But here’s how managers can do it without breaking the law.

Depending on the situation, employees with alcohol problems might get protection from two laws: the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA).

Neither Act give employees automatic immunity from discipline for performance or policy issues, like drinking on the job or unexcused absences. But they do protect people being treated for their problems.

FMLA

Under the FMLA, courts have ruled that alcoholism qualifies as a “serious health condition.” But unlike some other conditions, employees only get to take leave for the times they’re being treated.

So for example, a shift missed because the employee couldn’t drive to work isn’t covered. But time off to go to rehab is.

ADA

The ADA works in a similar way: Current abuse isn’t protected, but treatment is.

So you can discipline or fire someone who drinks on the job, assuming you have a uniform policy against it. But you may need to allow schedule changes for an employee to see a doctor, or let someone take breaks to call an AA sponsor.

Long story short, the courts have been clear: employers are allowed to prohibit alcohol consumption and inebriation in the workplace, and they don’t have to hold alcoholic employees to lower standards - as long as accommodations are made to help an employee get treatment.

Tags: ADA, alcohol, disability, drinking on the job, FMLA