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Orange County Personnel Rules and Regulations Manual Issue Date: 10/21/09 19 <br />(5) The employee's acknowledgement that he or she will be <br />dismissed from County employment if he or she fails to <br />comply with the terms of the Return to Duty Agreement or has <br />a positive drug test or an alcohol test with a result of 0.02 or <br />greater. <br />(6) A date by which the employee must meet the requirements for <br />substance abuse assessment and negative return to duty test or <br />he or she will be dismissed. <br />b. During the period after the decision to allow the employee to <br />continue employment and the employee's completing the specific <br />steps necessary to return to duty, the employee is on leave without <br />pay. If he or she has earned, unused Vacation Leave, Sick Leave <br />or Personal Leave Days, such time may be used in lieu of leave <br />without pay. <br />3. Substance Abuse Assessment and Treatment. <br />a. In the instance of a positive drug or alcohol test, the County makes a <br />mandatory referral through the County's Employee Assistance <br />Program to a substance abuse professional for substance abuse <br />assessment and treatment. The substance abuse professional assesses <br />the employee's level of substance abuse and makes a referral for <br />treatment if appropriate. <br />b. When a referral for treatment is made, the employee must participate <br />in the treatment as recommended. The employee signs a release form <br />to insure information on attendance at the EAP and subsequent <br />treatment is provided to the County. Failure to sign the appropriate <br />releases constitutes failure to participate in treatment and may result in <br />dismissal. <br />c. The employee must pay the cost of treatment. <br />d. Leave During Treatment. The employee may use earned Sick Leave, <br />Vacation Leave, Leave without Pay, or any combination during the <br />treatment period. <br />4. Reemployment. An employee who has a positive drug or alcohol test and <br />is dismissed may be considered for re- employment with documentation of <br />successful completion of a drug or alcohol abuse treatment program, and <br />upon the successful completion of a pre - employment drug test. <br />I. Alcohol Test Results between 0.02 and 0.04 <br />Page 16 <br />