In accordance with Section 2007(3) of the CMPA (D.C. Official Code § 1-620.07(3)) (2006 Repl.), it shall be the policy of the District government to provide an Employee Assistance Program (EAP) designed to address personal problems that employees may encounter which may adversely affect their overall work performance or conduct on the job.
The Director of the Department of Human Resources (Director of the DCHR) shall administer an EAP pursuant to Mayor's Order 91-62, dated May 1, 1991.
The provisions of a collective bargaining agreement shall take precedence over the provisions of this section, to the extent that there is a difference or conflict.
The EAP shall provide counseling and related services to employees who are experiencing problems, including, but not limited to, the following problems or issues which may adversely affect work performance or conduct on the job:
Records and information on referral to, or participation in, the EAP, shall be maintained in confidence as provided in Chapter 31 of these regulations and any other applicable federal and District of Columbia laws and regulations.
An employee who is experiencing problems that adversely affect his or her work performance or conduct on the job shall be encouraged to voluntarily seek assistance to resolve the problems.
Managers and supervisors should, in appropriate cases, consider referring to the EAP employees who are experiencing problems which adversely affect their overall work performance or conduct on the job before taking administrative action against employees.
Participation in the EAP shall not preclude the taking of a disciplinary action under Chapter 16 of these regulations, if applicable, or any other appropriate administrative action, in situations where such action is deemed appropriate. The EAP shall not be used in lieu of disciplinary actions, or any other appropriate administrative action.
Any employee (excluding temporary employees) shall be eligible to receive services through the EAP.
The EAP shall consist of assessment, counseling, and referral services.
Involvement in the EAP shall be on the basis of self-referral or agency referral.
Up to two (2) hours of administrative leave may be granted to an employee to attend his or her initial EAP appointment.
The services of the EAP shall be provided through contracted health care service provider(s).
The cost of the initial assessment, counseling, and referral session with the EAP contractor shall be paid in full by the District government, to the extent that the session is not covered by the employee's health insurance carrier.
Unless a separate program is established pursuant to the provisions of Subsection 2050.19 of this section, participation in the EAP rather than another employee assistance program in the District government by agencies under the personnel authority of the Mayor shall be mandatory.
The Director of the DCHR shall establish the rates for participation in the EAP.
The Director of the DCHR may enter into a written agreement with other personnel authorities to provide EAP services.
Each subordinate agency and independent personnel authority that participates in the EAP administered by the DCHR shall designate an EAP coordinator.
The Director of the DCHR may authorize the establishment of other employee assistance programs in the District government, and each such program shall be consistent with the provisions of this section.
D.C. Mun. Regs. tit. 6, r. 6-B2050