How the Marchman Act Affects Employment and Education

The Marchman Act, unique to Florida, has a profound impact on individuals dealing with substance abuse, particularly in employment and educational settings. Understanding this law isn’t just about compliance; it’s about navigating a sensitive issue that affects safety, rights, and productivity.

 

Breaking Down the Marchman Act

The Marchman Act, formally the “Hal S. Marchman Alcohol and Other Drug Services Act of 1993,” permits involuntary assessment and treatment of individuals impaired by substance abuse. This law allows family members, law enforcement, or professionals to petition the court for someone to receive substance abuse services, even if they object.

The Act focuses on cases where individuals are either too impaired to make rational decisions or pose a risk to themselves or others. The primary goal? To protect the individual and those around them, providing a pathway toward recovery.

 

How the Marchman Act Impacts Employment

For employers, the Marchman Act introduces complexities. Here’s how it affects the workplace:

Employee Protections
Employees who undergo treatment under the Marchman Act are shielded by laws like the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). These laws can allow leave for treatment and offer job protection, though it’s important to note that current illegal drug use is not protected under ADA.

Employer Responsibilities
Employers face the challenge of balancing safety with employee rights. Reasonable accommodations, such as granting time off for treatment, must be weighed against workplace safety standards. Clear, compliant substance abuse policies are crucial for navigating this balance.

Workplace Dynamics
When an employee is removed for treatment, workplace dynamics inevitably shift. Other employees may have to shoulder additional responsibilities, and there could be concerns about confidentiality. Employers need to be proactive, providing support while maintaining strict confidentiality.

Reintegration After Treatment
Bringing an employee back into the workplace after treatment isn’t as simple as welcoming them back. A structured return-to-work plan, including follow-up care and clear expectations, helps ensure both the employee’s recovery and the safety of the workplace.

 

How the Marchman Act Affects Education

In educational settings, the Marchman Act also leaves its mark:

Student Rights and Accommodations
Even while undergoing treatment, students are entitled to an education. Federal laws like the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act require schools to provide appropriate accommodations to students affected by substance abuse.

School Responsibilities
Schools must maintain a safe environment for students and staff, coordinating with families and treatment providers to craft a return plan after a student is removed. This plan might include accommodations such as modified schedules and progress check-ins.

Impact on the School Community
The removal of a student can cause disruption in the school environment. Teachers and students may feel the effects of the student’s absence, and schools must ensure that they provide emotional support and clear communication to address concerns.

Confidentiality
Just as in employment, privacy is paramount. Schools must follow the Family Educational Rights and Privacy Act (FERPA) to ensure that students’ information, including treatment details, remains confidential.

 

Essential Takeaways for Employers and Educators

Both employers and educators must be prepared when it comes to substance abuse and the Marchman Act. Here are key strategies:

1. Develop Clear Policies: Establish policies that address substance abuse and safety, while complying with state and federal laws.
2. Train Staff: Regularly train employees and school administrators to recognize signs of substance abuse and understand their legal responsibilities.
3. Ensure Confidentiality: Protect the privacy of individuals affected by the Marchman Act, sharing information only as legally required.
4. Offer Support Services: Implement Employee Assistance Programs (EAPs) in workplaces and counseling services in schools to support affected individuals and those around them.
5. Coordinate with Treatment Providers: Work closely with treatment professionals to ensure a smooth return to work or school, with necessary accommodations in place.

 

Looking Ahead

The Marchman Act presents challenges in both work and school settings. By staying informed and taking thoughtful, legally sound steps, it’s possible to support recovery efforts while maintaining a secure, productive environment. If you need expert legal counsel to navigate these situations, contact Thoele Drach Law today to guide you through the complexities.