Can we require psychological counseling? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Can we require psychological counseling?

Get PDF file

by on
in Human Resources

Q. Can we require an employee to receive psychological counseling or treatment if his behavior has become a hindrance to his job performance?

Employers may require mandatory referral to the company’s employee assistance plan (EAP) for job performance issues, as long as the referral is job-related and consistent with business necessity.

For example, if you observe a sudden change in performance or conduct, you may require an employee to seek the services of an EAP or to undergo a medical or psychological examination.

You should not require the employee to undergo treatment. However, if a physician concludes that the employee is unable to perform essential job functions or poses a direct threat to safety, then you can require the employee to be certified as “fit for duty” in order to continue working for you.

Leave a Comment


Previous post:

Next post: