BOP Program Statement 3792.11 § 6

Employees may be referred to the EAP by their supervisors based upon concerns about work

performance, conduct, and/or attendance, or general concerns for personal well-being. When a

supervisor notes such concerns, the supervisor may recommend to the employee that he/she meet

with an EAP Counselor to receive information on EAP services.

Information obtained during counseling sessions will not be released to the supervisor, except as

authorized by the staff member through a signed BP-A0907, EAP Consent for Release of

Confidential Information-Redisclosure Prohibition form.

Supervisors may offer informal referral recommendations to employees at their discretion.

These recommendations are not documented. Ordinarily, informal referrals are suggested as an

early intervention or offered out of concern for an employee’s well-being.

Formal Supervisory Referrals require the following operational procedures:

■ Prior to making a Formal Supervisory Referral, the supervisor will discuss the case with a

Bureau EAP Counselor. During this supervisory consultation, the EAP Counselor will

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determine whether the employee is an appropriate referral and advise the supervisor of this

finding.

■ The supervisor will issue a written referral, recommending the employee seek EAP

consultation. Ordinarily, the recommendation is also verbally communicated to the employee

by the supervisor in a manner designed to reduce potential employee distress. This meeting

recognizes the likelihood a Formal Supervisory Referral will be perceived as a disciplinary

measure or adversarial in nature. The EAP Counselor will review the letter prior to issuance.

The referral will:

(1) Document the reason for referral (e.g., work performance, conduct, attendance, and/or

personal difficulties);

(2) Specify neither the documentation nor the referral to EAP constitutes a disciplinary

action;

(3) State the supervisor has consulted with the EAP Counselor;

(4) Indicate the supervisor’s work expectation;

(5) Indicate participating in EAP is voluntary, but recommended, and is confidential.

(6) The original letter will be given to the employee, with a copy to the EAP Coordinator.

This letter must not be placed in the employee’s official personnel folder.

■ In the event a supervisor initiates a discipline, performance, or conduct based action, the

supervisor should concurrently remind employees they may access EAP services regardless

of their duty status. A referral for assistance shall not affect the processing of a disciplinary

action.

■ Supervisors must not diagnose or label an employee’s problem. In exercising their

responsibilities, supervisors must focus on job performance and/or conduct and communicate

in a manner to foster engagement. However, these administrative tasks should not be

prioritized over the needs of the employee as a person (e.g., providing support,

acknowledging struggles, communicating in a way to foster engagement).

■ Supervisors will protect the privacy of their employees by using appropriate discretion and

professionalism regarding EAP services.

■ Consistent with the Program Statement Standards of Employee Conduct, if a supervisor is

aware an employee has engaged in a code of conduct violation, the supervisor will first report

the known facts to management (their immediate supervisor, the CEO, the Office of Internal

Affairs, or to the Office of the Inspector General at the Department of Justice).