Key Takeaways
- EAP referral is most effective when framed as concern for the employee and offer of support, not as discipline or threat.
- Referral should be based on observable performance changes or safety concerns, not assumptions or gossip.
- The manager or HR should provide the employee with EAP information, explain how to access it, and make clear that use is voluntary and confidential.
- Documentation of the referral conversation is important; however, be careful not to create a record implying the employee is presumed to have a substance abuse problem.
- Follow-up on EAP referral should respect the employee's privacy while ensuring the referral was understood and acted upon.
- Effective EAP referrals prevent escalation to discipline and demonstrate employer commitment to supporting employee health.
The Role of EAP in Workplace Substance Abuse Response
The Employee Assistance Program (EAP) is a voluntary, confidential service provided by employers (or through third-party administrators) to help employees deal with personal issues, including substance abuse, mental health concerns, family problems, and financial difficulties. For substance abuse issues, the EAP serves as a bridge between the workplace and treatment; it provides assessment, referral to appropriate treatment, and sometimes short-term counseling. Most employers offer EAP as a benefit to all employees at no cost (EAP costs are paid by the employer).
From an HR perspective, the EAP is a critical tool for intervention. When a manager notices performance problems that might be related to substance abuse (increased absences, changed behavior, safety concerns, work quality decline), referring the employee to the EAP is often more effective and legally safer than jumping to discipline. The EAP can assess whether substance abuse is actually the issue, help connect the employee to treatment, and provide documentation that the employer made good-faith effort to support recovery. Early EAP referral also benefits the employee by getting help early, when treatment is more successful.
However, EAP referral only works if it is done well. A referral that is punitive, vague, accusatory, or not followed up will not engage the employee. The employee must understand that the referral is offer of help, not threat of discipline. The manager must provide clear information about how to access the EAP, assurance that use is confidential, and genuine message that the employer wants to help.
Effective EAP referral is one of the highest-impact interventions an employer can make for substance abuse issues. Early referral increases treatment engagement, improves outcomes, and demonstrates legal good-faith effort to support employees.
EAP Benefits & Scope of Services
Understanding what the EAP provides helps managers frame the referral appropriately.
- Assessment: EAP counselor conducts brief assessment to understand the employee's issues and recommend level of care
- Treatment referral: EAP connects employee to appropriate treatment (outpatient, intensive outpatient, inpatient, medication-assisted treatment)
- Counseling: EAP typically offers short-term counseling (3-5 sessions) while employee is being connected to longer-term treatment
- Insurance navigation: EAP helps navigate insurance benefits and connects employee to in-network providers
- Work-life issues: EAP also addresses financial counseling, family issues, stress management (not just substance abuse)
- No cost to employee: EAP is paid by employer; employees typically pay nothing for EAP services
Confidentiality of EAP Participation
Understanding EAP confidentiality helps managers and employees understand privacy protections.
- EAP is confidential: Information shared with EAP is not reported to the employer (with limited exceptions)
- No access to notes: Employer does not receive EAP assessment, counseling notes, or clinical details
- Voluntary participation: EAP use is voluntary; employee chooses whether to use the service
- No penalty for use: Employee cannot be disciplined or retaliated against for using the EAP
- Limited reporting: EAP may report only whether employee contacted EAP and whether appointment was kept (if part of EAP contract)
- Exception for safety: If employee discloses immediate danger to self or others, EAP must report per mandatory reporting laws
Preparing for the EAP Referral Conversation
Making an effective EAP referral requires preparation. The manager or HR professional should have clear documentation of the performance or behavioral changes that prompted the referral, should understand the EAP services available, and should have thought through how to frame the conversation as an offer of help, not a threat. Preparation also includes reviewing the company's EAP materials, understanding how to access the EAP, and being ready to answer the employee's questions.
The goal of the conversation is not to diagnose substance abuse or confront the employee with accusations, but to express concern about observed performance changes and offer the EAP as a resource. The conversation should be brief, professional, and focused on work-related observations. The manager should avoid language like "We think you have a drug problem" or "You've been coming in high." Instead, the manager should focus on observable changes: "I've noticed increased absences," "Your work quality has changed," "You seem different from your usual self."
Avoid accusatory language, armchair diagnosis, or suggesting you know the employee has a substance abuse problem. Stick to observable work-related changes and offer the EAP as a resource for multiple types of issues.
Documentation Before the Referral Conversation
Have specific, documented observations before initiating the conversation.
- Date and specific observations: "On [date], employee was tardy [time]; on [date], employee had [specific quality issue]"
- Pattern, not single incident: Referral is more appropriate after multiple observations suggesting ongoing change
- Impact on work: Document how the changes affect job performance, safety, or team: "Missed deadline for [project]," "Safety concern because [specific issue]"
- Not behavior assumptions: Do not document "employee appears to be using drugs" or "I think employee is hungover"; stick to observable changes
- Positive baseline: Document how the employee normally performs so the changed behavior is clear: "Usually meets deadlines; lately has missed three in a row"
Manager Training on Referral Approach
Managers need training to make referrals effectively and supportively.
- Support, not punishment: Referral is offer of help and resource, not threat or punishment
- Non-accusatory tone: Avoid diagnostic statements; focus on work impact: "I've noticed changes in your performance and want to make sure you have support"
- Confidentiality emphasis: Assure employee that EAP is confidential and use will not affect employment (except if there's substance involved)
- Choice framing: Make clear EAP use is voluntary: "I'd like to tell you about our EAP; it's available if you want to use it"
- Practical information: Have EAP contact info, access procedure, and benefits ready to share
- Tone of care: Genuine tone of concern for the employee's wellbeing is essential; the employee should sense the manager cares
The EAP Referral Conversation: What to Say
The actual conversation with the employee should be brief, direct, and delivered with genuine concern. The conversation is not a confrontation but an offer of support. The manager should choose an appropriate time and setting (private, not in front of coworkers), should be clear and direct, and should be prepared to answer questions. The conversation might go something like: "I've noticed some changes in your performance lately—increased absences and some quality issues. I want to make sure you're okay. We have an Employee Assistance Program that can help with personal issues that might be affecting work. It's confidential and available to you at no cost. Would you like some information about it?"
The manager should be prepared for various responses: the employee might be defensive, might acknowledge problems, might say they don't need help, or might be relieved that someone cares. In any case, the manager should remain calm, non-judgmental, and focused on the offer of support. The manager should provide written EAP information and contact details so the employee can access the service at their own pace.
Example referral language: "I've noticed some changes in your performance lately. I care about you and want to make sure you have the support you need. Our EAP provides confidential counseling for personal issues—everything from family stress to substance abuse. It's free, and I'd like you to have the information. Would you like to give them a call?"
Sample Referral Script
A structured script helps managers stay focused and supportive.
- Opening: "I wanted to touch base with you about something. I've noticed some changes in your work lately, and I'm concerned."
- Specific observations: "You've missed deadlines [example], your attendance has dropped, and you seem more stressed than usual."
- Concern for employee: "I care about you and your wellbeing, and I want to make sure you're okay."
- EAP offer: "We have a program called the Employee Assistance Program that offers free, confidential counseling for all kinds of personal issues—stress, family, substance abuse, anything. I'd like you to consider using it."
- Practical information: "Here's the phone number and information. The first appointment is easy to schedule, and everything you discuss is confidential. The employer doesn't know what you talk about."
- Closure: "No pressure—it's completely voluntary. But I'd really like you to reach out if you need help. Is there anything you want to talk about?"
Handling Employee Responses
Different employee responses require different follow-up.
- Acceptance: "Great. Here's the information. I think this will really help. Let me know if you have questions."
- Denial: "I understand. The offer is there if you change your mind. I'm available to talk if you want."
- Defensiveness: "I'm not accusing you of anything. I care about you and noticed some changes. The EAP might help with whatever is going on."
- Disclosure: "Thanks for sharing that. The EAP can help. I want to support you. Let's talk about what you need from work to get through this."
- Resistance: "I hear you. Think about it. The service is available whenever you're ready. If performance concerns don't improve, we may need to talk about that, but right now I just want to offer help."
Documentation of the EAP Referral
Proper documentation of the EAP referral serves multiple purposes: it creates a record that the employer made a good-faith effort to support the employee, it documents the performance concerns that prompted the referral, and it can be used later to show progressive discipline if the employee's performance does not improve. However, documentation must be careful and accurate to avoid overstating the case or suggesting that the employer has already determined the employee has a substance abuse problem.
The documentation should describe the performance observations that prompted the referral, document that the EAP was offered, and note the employee's response. The documentation should not include clinical statements ("appears to be using drugs," "suspected substance abuse," "likely has addiction") or assumptions about the cause of the performance problems. The documentation should be neutral and factual: what was observed, what was said, what was offered.
Documentation should describe observed performance changes and the referral offered, not diagnose or assume substance abuse. Poor documentation ("employee appears to use drugs") can create liability if the performance concerns are not actually substance-related.
What to Document
Document the conversation objectively and supportively.
- Date and time of conversation
- Who participated (employee, manager, HR)
- Performance observations that prompted referral: "Three missed deadlines in two weeks," "Attendance declined from 98% to 85%"
- Conversation summary: "Expressed concern about performance changes; offered EAP as resource"
- EAP information provided: "Provided EAP contact information, access procedure, and assurance of confidentiality"
- Employee response: "Accepted information," "Said they'll think about it," "Seemed skeptical"
- Follow-up plan: "Will follow up in [timeframe] to see if performance improves"
What NOT to Document
Avoid clinical language and assumptions in documentation.
- Do not document: "Suspected substance abuse," "Appears to be using drugs," "Likely has addiction"
- Do not document: "Possible mental health crisis," "Possible alcoholism"—these are clinical judgments
- Do not document: Gossip or hearsay—"Coworker said they smelled marijuana"—unless you directly observed it
- Do not document: Physical observations interpreted as drug use—"Dilated pupils," "Track marks"—unless you're trained to interpret these and they are directly relevant
- Instead document: "Performance declined," "Behavior changed," "Expressed concern and offered resources"
Follow-Up After EAP Referral
After making the EAP referral, the manager should follow up to see whether the employee engaged with the service and whether performance is improving. Follow-up demonstrates genuine care and also sets the stage for further intervention if the employee does not use the EAP or if performance does not improve. However, follow-up should respect the employee's privacy; the manager should not ask for details of what happened in EAP or diagnose the employee based on their progress.
Follow-up might take the form of a brief check-in a week or two after the referral: "I wanted to follow up and see how you're doing. Did you get a chance to reach out to the EAP?" If the employee did use the EAP, the manager might say: "Great, I'm glad you reached out. How did it go?" without asking for details. If the employee has not used the EAP, the manager might explore barriers: "Is there anything preventing you from reaching out? Can I help?"
Follow-up shows genuine care and also creates documentation that the employer supported the employee's health. A manager who makes a referral but never follows up misses the opportunity to reinforce the message and monitor whether help was accessed.
Timeline for Follow-Up
Plan follow-up at appropriate intervals.
- Initial follow-up: 1-2 weeks after referral—brief check-in to see if employee contacted EAP
- Second follow-up: 4-6 weeks after referral—assess whether performance is improving
- Ongoing monitoring: Monthly or quarterly check-ins, depending on severity of initial performance concerns
- Timeline to expectation: If performance does not improve within 30-60 days of referral, manager should have conversation about performance improvement and possible next steps (more formal discipline, return-to-work agreement)
Follow-Up Conversation Framework
Structure follow-up conversations to be supportive and forward-looking.
- Positive acknowledgment: "I appreciate that you're taking steps to get support" (if employee used EAP)
- Performance focus: "I've been tracking your attendance and work quality. I've noticed [specific improvements or continuing concerns]"
- Support question: "Is there anything else you need from me or from work to help you succeed?"
- Clear expectations: "I want to be clear about what we expect going forward. I'd like to see [specific performance metrics] improve over [timeframe]."
- Consequences if needed: "If performance doesn't improve, we may need to have conversations about discipline. But I really want to see you succeed."
- Door open: "I'm here to support you. If the EAP isn't working or you need something different, let's talk."
EAP Referral as Part of Progressive Discipline
EAP referral is often the first step in progressive discipline for performance issues that may be substance-abuse related. If the employee uses the EAP and performance improves, no further discipline is needed. If the employee does not engage with the EAP or if performance does not improve, the employer can move to more formal discipline. Importantly, using the EAP does not prevent future discipline if the performance problems continue; the EAP is not a "free pass" for ongoing poor performance. However, offering EAP early and giving the employee reasonable time to use it demonstrates good-faith effort and is likely to be viewed favorably in any later litigation.
Progressive discipline typically looks like: (1) Performance observation and informal coaching; (2) EAP referral and support; (3) Formal written warning if performance does not improve; (4) Suspension or last-chance agreement if serious performance problem persists; (5) Termination if the employee continues to fail to meet expectations despite multiple opportunities and support. This progression demonstrates that the employer gave multiple opportunities and genuine support before terminating.
EAP referral strengthens progressive discipline by demonstrating good-faith effort to support the employee. It also reflects well on the employer (and organizational culture) if the case reaches litigation; courts look favorably on employers who try to help.
Progressive Discipline Steps
Proper sequence in progressive discipline includes early EAP referral.
- Step 1 - Informal coaching: Manager discusses performance changes with employee in supportive manner; EAP is offered informally
- Step 2 - Formal EAP referral: Manager formally refers employee to EAP; provides written information; documents conversation
- Step 3 - Follow-up & monitoring: Manager follows up to ensure employee understands offer; monitors whether EAP is accessed; tracks performance
- Step 4 - Written warning: If performance does not improve within 30-60 days, manager provides written warning documenting performance issues and prior EAP referral
- Step 5 - Last-chance agreement: If performance continues to fail, last-chance agreement may be offered (requiring treatment, testing, etc.)
- Step 6 - Termination: If employee fails to meet terms of last-chance agreement or if performance does not improve despite multiple interventions, termination may proceed
Timing Between Steps
Allow reasonable time for EAP to work before escalating discipline.
- After EAP referral: Wait 30-60 days (depending on severity) to see if performance improves before moving to written warning
- After written warning: Wait 30-60 days before moving to suspension or last-chance agreement
- After last-chance agreement: Wait duration of agreement (usually 6-12 months) before determining whether termination will proceed
- Exceptions: Safety-critical issues may warrant shorter timelines (employee behaving unsafely may be removed from position more quickly)
- Documentation: Document each step and timeframe so progression is clear in later review
Coordination with Trust SoCal & Treatment Providers
EAP referral is often the first step in connecting an employee to treatment. However, EAP services are typically brief (3-5 sessions) and are designed to assess and refer, not to provide long-term treatment. Once the EAP makes a referral to a treatment provider, the employee may benefit from ongoing coordination between the employer, EAP, and treatment provider. Trust SoCal can partner with Orange County employers to receive EAP referrals and provide comprehensive treatment that extends beyond EAP's brief intervention.
Employers who work with treatment providers like Trust SoCal can establish a referral relationship where employees referred through the EAP transition smoothly to ongoing treatment. This continuity of care improves outcomes; the employee experiences a supportive continuum from workplace (manager offers EAP) to EAP (assessment and brief counseling) to treatment (ongoing care). Trust SoCal can also provide employers with consultation on how to support employees returning from treatment, through return-to-work agreements, ongoing monitoring, and clinical coordination.
Establish a relationship with a treatment provider like Trust SoCal to coordinate EAP referrals and ongoing treatment. Smooth transitions from EAP to treatment improve engagement and outcomes. Call (949) 280-8360 to discuss partnership opportunities.
Referral Pathway from EAP to Ongoing Treatment
Clear referral pathways improve treatment engagement.
- EAP assesses employee and determines appropriate level of care
- EAP provides referral to treatment provider (or employee self-selects from available options)
- Employee initiates treatment with provider
- Treatment provider confirms employee has begun treatment (notification to employer with consent)
- Employer maintains support (time off for treatment, flexible schedule, last-chance agreement if needed)
- Treatment provider provides periodic updates on engagement and progress (with consent)
- Employee completes treatment and transitions to aftercare/return-to-work monitoring
Employer Role in Supporting Treatment Engagement
Employers can enhance treatment success by providing practical support.
- Time flexibility: Allow employee time off for treatment appointments without counting against absences
- Confidentiality: Keep knowledge of treatment separate from performance management
- Coordination with provider: Maintain appropriate communication with treatment provider (with consent)
- Accommodation: Temporary job duty modifications if appropriate and recommended by provider
- Financial support: Verify health insurance covers treatment; help navigate benefits if needed
- Return-to-work support: Coordinate return-to-work monitoring and expectations with treatment provider

Trust SoCal Editorial Team, Clinical Review Board
Editorial & Clinical Review



