BOP Program Statement 3792.11 § 3

The Bureau will offer a comprehensive EAP through an external contract EAP provider. EAP

services are voluntary and confidential, with limits (see Section 5, Confidentiality of this

Program Statement). EAP services are not a substitute for substance misuse counseling for the

purpose of the Safe Harbor program. See the Program Statement Drug Free Workplace.

Participation in the EAP cannot be used against an employee in hiring or disability retirement

decisions.

■ Service Delivery Model.

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(1) Services are offered through an external contract EAP provider. To the maximum extent

possible, Bureau employees will utilize services through the contract EAP provider. Staff

may directly access EAP services by utilizing the contact information for the provider,

who may assign an External EAP Counselor to the employee.

(2) Employees may also request EAP services from Bureau EAP Counselors at their duty

station. However, employees are strongly encouraged to utilize the contract EAP

provider, which offers a wider range of services with greater scheduling options.

(3) Bureau employees will remain eligible for EAP services for eighteen months following

retirement or separation from the agency.

(4) In cases of an employee death, the employee’s dependents and domestic partners will

remain eligible for the full range of EAP services for twelve months following the

employee’s death.

(5) EAP participation is voluntary. Although supervisors may refer staff to EAP, the

decision to make contact with the service or participate in EAP is always voluntary.

Neither a referral, nor an employee’s decision to use EAP or not will ever be used against

the employee in performance or promotion decisions.

■ Confidentiality. Information concerning a participant’s status with the EAP may not be

disclosed without written consent of the participant or as otherwise permitted by law. See

form BP-A0906, Statement of Client Understanding.

■ Attendance. Employees may schedule EAP services during their off-duty hours as they

wish. In addition, employees may receive EAP services during their workday with the

supervisor’s approval. Employees may be granted administrative leave, consistent with the

Program Statement Leave and Benefits, to attend an appointment with an external EAP

counselor. An Administrative Leave memorandum, signed by the employee’s supervisor,

will be included in the time and attendance file. Typically, approval is for three hours (one

hour session plus one hour travel each way). Supervisors may require confirmation of

attendance for EAP appointments during duty hours; this should be maintained separately

from the time and attendance file in a manner that protects the employee’s privacy. Content

of EAP appointments must never be requested by a supervisor or manager.

■ Drug Free Workplace. Consistent with the Program Statement Drug Free Workplace, the

Medical Review Officer, Chief Executive Officer (CEO), or the Chief, Drug Free Workplace

is required to issue a Supervisory Referral to an employee identified by a positive screen for

illicit drugs. EAP services do not meet the requirement for treatment when an employee

requests Safe Harbor under the Program Statement Drug Free Workplace.

■ Job Security/Promotions. No employee will have their job security or promotion

opportunities jeopardized solely because of a request for assistance from the EAP. Utilizing

EAP services does not impact background investigations or security clearances, unless an

employee poses a threat to national security (e.g., espionage, violation of confidences of

American spies), nor does it trigger “red flag” laws regarding use of firearms. EAP

Counselors will not release information for a background check without the employee’s

written consent.

■ Work Performance/Conduct. Employees receiving EAP services assume the responsibility

for maintaining their performance and conduct at an acceptable level.

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■ Retirement. Use of the EAP does not jeopardize the employee’s right to disability

retirement if their condition warrants it.

Disability. Use of the EAP does not jeopardize the employee’s right to request a reasonable

accommodation if their condition warrants it.