April is Alcohol Awareness Month, yet employers have long been aware of alcohol-related absenteeism, medical costs, performance issues, misconduct, lowered morale, workplace injuries, liability risks – and the list goes on.  Managing these issues requires knowing where legal protections start and stop.

Unlike active drug use, active alcoholism is treated as a "disability" under the ADA and a "serious health condition" under the FMLA.  This distinction has ramifications for an employer's substance abuse policy, which should treat alcoholism as an illness and not as a condition that always warrants discipline.

Alcoholism is a "disability" under the Americans with Disabilities Act, and alcoholism can be a "serious health condition" under the Family and Medical Leave Act.  As a result:

• An employee may not be discharged or penalized because he or she has the label of "an alcoholic."
• Employers may, however, discharge or penalize employees for poor performance or for conduct reasons, even if alcohol use is the cause of their behavior.
• Before excluding an employee with alcoholism from a job, an employer must first consider whether there are reasonable accommodations – such as modifying the hours of work – that would enable the employee to perform the essential functions of that job.
• Under the FMLA, employees undergoing treatment for alcoholism may be eligible for unpaid time off.  Leave is not mandated under the FMLA for time that an employee is unable to work due to alcohol abuse – only time absent to undergo treatment.
• Employers may prohibit the use or possession of alcoholic beverages at work, on company premises, or while operating company-owned equipment.
• Employers may test an employee for alcohol if (1) a supervisor has reason to suspect that an employee is under the influence of alcohol and is creating performance or conduct issues, or (2) the employee has been involved in an on-the-job accident.  Absent special rules – such as for DOT drivers, among others – random testing for alcohol is not advisable, since an elevated blood-alcohol level generally must be coupled with a specific performance or conduct issue to result in discipline.