O-2009-3129 approving updated Employee Policy Handbook

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An employee whose drug and/or alcohol test is confirmed as positive will be offered the opportunity to obtain an independent test, at the employee's expense, of the non -tested split sample portion of the original urine specimen that yielded the positive result, at an alternative SAMSHA certified lab (Substance Abuse and Mental Health Services Administration, under the Department of Health and Human Services). During the period of an appeal and any resulting inquiries, the employment status of an individual may be suspended. An employee who is suspended pending appeal will be suspended without regular pay but will be permitted to use any available sick or vacation leave in order to remain in an active pay status. If the employee has no available sick or vacation leave or chooses not to use it, the suspension will be without pay. • If an employee's appeal is upheld, the employee will be reinstated with back pay and will be reimbursed for any independent drug testing costs that may have been incurred incident to the appeal. No results or reference to the test or appeal will be maintained in the employee's personnel file. 4.10 Employee Assistance Rehabilitative assistance may be granted to an employee who requests such assistance provided that the employee: a) has not received notification to report for drug and/or alcohol testing authorized by this policy, prior to the request; b) has not been identified as a violator nor is under investigation for a violation of this policy; and C) has agreed to enter and complete a City -approved rehabilitation program. Rehabilitative assistance may also be granted in lieu of discharge to an employee who has been found to be in violation of this policy provided that the: a) The policy violation does not involve selling or distributing drugs or serious misconduct related to drugs; and b) The employee has agreed to enter and complete a City -approved rehabilitation program. • An employee who has met the qualifications for rehabilitative assistance will be given the opportunity to enter into a City -approved rehabilitation program. Failure to enter the rehabilitation program or to complete the program according to the prescribed program schedule is grounds for discipline up to and including discharge without benefit of re -hire, or disbarment from the workplace. • Participation in the rehabilitation program will be during times that will not conflict with the employee's work time, except that the employee shall be required to use any available sick leave or annual leave to be absent from the job with pay. The all