With the rise of medical cannabis used as the main treatment for their ailments, those who have been prescribed are questioning their employee rights.
Today, we’re going to delve into how you can appropriately consume medical cannabis in the workplace and help you determine what your legal rights are.
What Are Your Employee Rights In Using Medicinal Cannabis?
Since 2016, medical cannabis has been legal in Australia but has since 3 years has been skyrocketing in patient numbers with over 35,000 current users. Because of its popularity in use, many of these patients are concerned about whether it is appropriate to use their treatment during work hours. Especially, when it comes to ensuring that their job status remains in good standing as they could get fired for using the drug. With drug testing, it can cause a lot of paranoia and worry about their job status in using medical cannabis as a treatment for their condition.
Today, we are going to dive into what are your employee rights if you are a medical cannabis patient.
What Are Your Legal Rights As An Employee?
There are three different types of employee rights in using medical cannabis spanning from employer-employee rights, employee private rights, and third-party rights. The answer to this question depends on your workplace policy. If you’re driving or performing with heavy equipment, using medical cannabis might cause impaired function and an inability to drive or operate. Depending on the nature of your work alongside the workplace policies will determine your employee’s rights for using CBD as medication. For example, healthcare professionals must comply with their employer’s policies to ensure the safety of their health, their fellow staff, employers, and patients.
How To Encounter Your Employer About Your Medical Cannabis Treatment
Before you speak to your employer, two things are required such as if you’re happy to renounce your privacy rights and speak to HR about your workplace policies. If your office has a ‘zero-tolerance policy’, it might be a good idea to speak with your employer about the legal medicinal treatment you are receiving and how it plays with your productivity. This is because it can be classified as discriminatory for an employer to mistreat their employee for using medical cannabis in their ability to operate and function at work. It is ultimately considered an unfair dismissal to fire someone despite their zero-tolerance policy, so it’s best to discuss this with your employee.
Can You Be Let Go For Telling Your Employer About Your Legal Medical Cannabis Prescription?
No, you cannot be fired from an employer for having a legal prescription. If you have had a chronic illness, you can be classified by the Government as having a disability. Therefore, if you were receiving mistreatment for using medical cannabis as a treatment for your condition by your employer, this can be classified as discrimination. In particular states and territories, you might be available to rights to discrimination that other states and territories can’t access. As a result, it’s important to check your rights before filing for discrimination.
When It Comes To Random Drug Tests, What Are Your Legal Rights?
Every employee has the same rights whether or not they are a medical cannabis patient. You are allowed to say no to a drug test in your office. But if the company has a clear and transparent policy concerning drug tests, you may be unexcused from doing the test. If you’ve already spoken to your employer about your medicinal treatment, there’s no issue with taking the test.
When it comes to medical cannabis patients and their working capabilities, their permittance of use is based on an array of factors. Depending on your industry and the kind of medication used, will help determine whether it is acceptable to receive this treatment. Most CBD medication is non-disruptive. However, if you’re operating in the office and doing tasks that can allow you to use drugs that may cause impairment as noted in their policies, it is best to discuss with your employer your options. This is more complicated if you work in an industry that requires driving or operating heavy machinery. It is important to understand the policies, and remain in contact with your employer, HR, and a legal professional to ensure you are following the correct legal procedure.