When employee job performance is acceptable, it is still reasonable for a supervisor to encourage an employee to use the EAP if the employee discloses a personal problem. A "friendly referral" to the EAP is nothing more than a reminder of the resources available to assist the employee with their personal problem. The more "friendly referrals" a supervisor makes, the less likely it will be necessary to make a "formal referral" .
A "formal supervisor referral" is appropriate when your employee's job performance problems continue despite your attempts to correct them in the normal process of supervision. Your employee may or may not have a personal problem, but the criterion exists for a formal referral-a continuing performance problem.

A formal supervisory referral is based on job performance issues , not on the
belief in the existence of a personal problem. It is only in the area of job
performance or unusual/unsafe on-the-job behavior that a supervisor can
legitimately intervene.
The purpose of making a formal supervisory referral is not to make
diagnosticians, counselors, or detectives out of supervisors. Rather, it is to use
the EAP as a resource for helping the employee resolve any personal issues
which may be contributing to the performance decline. Supervisors should expect
employees to take personal responsibility for using resources and accepting help offered
by the EAP.
Remember, participation in the EAP does not excuse an employee from
applicable discipline. Likewise, an employee cannot be disciplined for lack of
participation in the EAP. Participation is always voluntary.
Some employee problems at work may meet the criteria for immediate referral to the
EAP. These cases, often know as “Fitness for Duty”, typically involve
safety issues such as a violation of a drug/alcohol policy, violence, or
inappropriate behavior at work. If applicable, supervisors should consult their company
policies for specific instructions on how to proceed.
It's True! An EAP may be charged with evaluating an employee who tests positive for
drugs or alcohol at work. An EAP may then refer him or her to treatment. The
organization may choose to terminate an employee for violating the organization's drug
free workplace policy if he or she does not accept an EAP referral and follow its
recommendations. Is this a voluntary use of the EAP? The answer is “yes” because the
employee is being offered an opportunity to be accommodated for a medical problem in
lieu of termination for violating the policy.
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