Human Resource Blog

Child care provider taking medications

An employee takes perscriptions drugs while at work. She is employed at a child care center and works with infants. Can she be dismissed for taking the medications, in Texas?

The answer is…it depends. There is really not enough information here to answer your question.

First of all, many people abuse prescription drugs like oxycontin, percocet, amphetamines and valium. So if the employee is taking drugs that were not prescribed by her doctor, obviously she can be terminated — just as you would terminate an employee who uses cocaine or heroin.

If you are not talking about the abuse of prescription drugs, that is a different story. If employers terminated every employee who uses a prescription drug at work, much of the adult population of this country would be unemployed. Many, many people take birth control pills, blood pressure meds, or medication for ongoing conditions like diabetes and arthritis, among others, at work. Usually these medications do not interfere with the employees performance.

An employer with a strict no-drug policy might require that employees furnish a note from their doctor that they are taking prescribed medications. The employer cannot require a diagnosis from the doctor or the employee, under HIPAA.

If an employee has been absent for illness or surgery, every employer can and should get a doctors release that the employee is fit to resume her usual childcare duties.

However, child care centers have a responsiblity to put the safety of the children first. In some cases the medication that employees take can make them dizzy, drowsy or otherwise unable to carry out their duties. In that case, the employer should address the employees performance problems, not the employees medication. Employers have the right to expect the same performance of a medicated employee, as of one who is not medicated.