Prepared by:
Quality Reporting Service Center
Railroad Retirement Board
844 North Rush Street
Chicago, Illinois 60611-2092
Phone: |
(312) 751-4992 |
Fax: |
(312) 751-7190 |
E-mail: |
QRSC@rrb.gov |
Please share this
information with the appropriate members of your staff who file service and
compensation reporting forms for employees of your organization.
Background The Railroad
Unemployment Insurance Act (RUIA) authorizes the Railroad Retirement Board (RRB)
to pay unemployment or sickness benefits to employees who are not working due to
alcoholism and drug or substance abuse. The type of RUIA benefits that are
payable depends on what form of treatment the employee is receiving, if any.
The purpose of this circular letter is to explain what guidelines are used by
the RRB when adjudicating claims for unemployment or sickness benefits where the
reason not working is alcoholism or drug/substance abuse.
Federal regulations The Federal
Railroad Administration (FRA), United States Department of Transportation, has
issued regulations for the purpose of controlling alcohol and drug use by
employees who are subject to the Hours of Service Act. In general, the
regulations apply to employees engaged in the operation of trains. The
regulations authorize employers to require breath or urine samples for testing
under conditions constituting "reasonable cause" and to make post-accident
testing and employee assistance programs mandatory.
Failed drug tests or rule violations
An employee who tests positive for drugs and who is removed from service as a
result is not necessarily eligible for sickness benefits. Drug test results
cannot by themselves serve as the basis for paying or denying benefits. A
careful review of the medical evidence or other facts of the case will be
required. Employees who are not eligible for sickness benefits may be entitled
to unemployment benefits. Although the FRA's regulations require employees
who are subject to the Hours of Service Act to be deemed "medically
disqualified" from work for a period of time based on a failed drug test, that
does not mean the employee is qualified for sickness benefits under the RUIA.
Acceptable proof of sickness
Acceptable proof of inability to work due to sickness caused by alcoholism or
drug abuse may be furnished by the treating physician or psychologist, or by a
hospital, clinic or other institution for medical treatment, or by the
employer's medical department or chief surgeon. Employee assistance counselors
and substance abuse professionals are acceptable if they are certified by the
National Association of Alcohol and Drug Abuse Counselors (NAADAC) or the
Certified Employee Assistance Professionals (CEAP). Sickness benefits are
payable based on an employee's "inability to work". A diagnosis of alcohol or
substance abuse does not by itself demonstrate a persons inability to work. To
be eligible for sickness benefits, an employee must be treated for his/her
condition or be in a treatment program. This does not include an educational
program, only. A claimant's claim to a day as a "day of sickness" must be
supported by substantial medical evidence. Otherwise, he or she may be
considered as "able to work," and no sickness benefits may be paid.
Eligibility for unemployment benefits
If, for instance, an employer holds an employee out of service because the
employee did not pass a urine test administered at the direction of the employer
and if the employee is not otherwise undergoing medical treatment for an
underlying illness, the employee should be considered to be able to work. Under
these circumstances the employee may be eligible for unemployment benefits.
Rule G violations Employees who are
suspended or discharged for a Rule G violation are usually able to work and may
be paid unemployment benefits if they are available for work. If they are
actively seeking reinstatement, they are considered available for work under the
RUIA. If they are not seeking reinstatement, they must be actively seeking new
employment to draw unemployment benefits.
Employee Assistance Program (EAP)
participation If an employee has been removed from service because of
alcohol or drug addiction and agrees to participate in the railroad's EAP
program rather than contest the removal action under collective bargaining
procedures, the employee may be considered available for work and eligible for
unemployment benefits. If the addiction is so severe as to be disabling, the
employee may be paid sickness benefits upon filing an acceptable application and
statement of sickness.
Questions If you have any questions
or need additional information about this circular letter, please contact the
Sickness and Unemployment Section Chief at (312) 751-4708. This circular letter
is also available on our Web site at www.rrb.gov . |