ARTICLE

14.

Section 1 - Program Purpose

The Department agrees to implement and promote the VA Employee Assistance Program (VAEAP) which is a program for troubled individuals with alcoholism, drug abuse, emotional, or other personal problems that may affect job performance. Employees and supervisors will be informed about the program.

Section 2 - Record of Participation

A. The Department will assure that no employee will have job security or promotion opportunities jeopardized by a request for counseling or referral assistance. The Department will ensure that the confidentiality of medical records of employees with alcohol or drug problems will be preserved in accordance with current public laws and Office of Personnel Management regulations.

B. After an employee is no longer participating in the program, records will be maintained confidentially and preserved in accordance with applicable laws and regulations.

Section 3 - Voluntary Participation and Employee Responsibility

Although the existence and functions of counseling and referral programs will be publicized to employees, no employee will be required to participate or be penalized for merely declining referral to counseling services.

Section 4 - Confidentiality

A. The parties recognize that all confidential information and records concerning employee counseling and treatment will be maintained in accordance with applicable laws, rules, and regulations.

B. Without an employee's specific written consent, the supervisor may not obtain information about the substance of the employee's involvement with a counseling program. Information obtained with the employee's authorization from such counseling programs may not serve as the basis for disciplinary or adverse actions.

Section 5 - Disciplinary Action

It is agreed that no employees who enroll and participate in good faith in the VAEAP will be subject to disciplinary or adverse action as a result of their problem in the first instance so long as no criminal action is involved and until the employee has been given reasonable time and opportunity to be rehabilitated. However, this will not prevent discipline in the event of severe or egregious action.

Section 6 - Excused Absence

Employees undergoing a prescribed program of treatment under the Employee Assistance Program will be excused without charge to leave for a brief period of time of less than one hour.

Section 7 - Leave Associated with VAEAP

It is the policy of the Department to grant leave (sick, annual, or LWOP) for the purpose of treatment or rehabilitation for employees under the Employee Assistance Program as would be granted for employees with any other health problem.