Contract clause prohibiting use of opiates, tranquilizers and similar during employment?

[Anonymous]

We’re looking to hire a through an agency, and I’ve seen a lot of talk of a clause like this, particularly when charges are very young. It’s hard to know who’s doing what, and we need our nanny to be super sharp ay all times.

Any help on how to phrase such a clause? Is it reasonable?

Thanks in advance.

[Anonymous]

What if the girl gets a tooth infection and is percibed opiates. Yes she should’ work while on them but she shouldn’t e fired either .

[Anonymous]

Any help on writing the clause..pretty please? We have a 4 month old so anything that unpairs judgment is a no go.

[Anonymous]

I can't imagine that's even legal.
Please talk to your attorney.

[Anonymous]

I think this could be considered discrimination, especially if someone is taking one for medical reasons (i.e., anxiety). You're clause would violate ADA and if you put that in contract, candidates could potentially claim discrimination since you are employer/hiring manager. I agree with PP who said to ask lawyer.

[Anonymous]

Please make sure you disclose this clause in your initial interviews so that nannies can quickly move on from you because you are a crazy person. Obviously nannies aren’t going to work on opiates, but the fact that you want to make a clause in a contract about this just shows how much you will micromanage and overstep boundaries. If I were you, I’d even mention this in initial phone interviews so you don’t waste peoples time.

[Anonymous]

Anonymous wrote:Please make sure you disclose this clause in your initial interviews so that nannies can quickly move on from you because you are a crazy person. Obviously nannies aren’t going to work on opiates, but the fact that you want to make a clause in a contract about this just shows how much you will micromanage and overstep boundaries. If I were you, I’d even mention this in initial phone interviews so you don’t waste peoples time.

Why shouldn’t they if they have a prescription?

[Anonymous]

Just the general (and don’t quote me): The employee also referred to as “Nanny” understands the importance of his/her role. At no time will the employee be allowed to consume drugs or alcohol while on duty. In the event where is had been proves that the employee has consumed alcohol or drugs, while on duty and in the presence of the child(ren), the employee will be terminated, immediately, without pay. If by such action the employee has been deemed negligent of the child(ren), where a child has been seriously injured, the employer will take legal actions and the proper authorities will be notified. That’s it!!

I have never seen any such thing in a contract or company handbook about actual drugs (maybe the secret service). For what you’re asking, you need to consult with an attorney.

[Anonymous]

Anonymous wrote:Just the general (and don’t quote me): The employee also referred to as “Nanny” understands the importance of his/her role. At no time will the employee be allowed to consume drugs or alcohol while on duty. In the event where is had been proves that the employee has consumed alcohol or drugs, while on duty and in the presence of the child(ren), the employee will be terminated, immediately, without pay. If by such action the employee has been deemed negligent of the child(ren), where a child has been seriously injured, the employer will take legal actions and the proper authorities will be notified. That’s it!!

I have never seen any such thing in a contract or company handbook about actual drugs (maybe the secret service). For what you’re asking, you need to consult with an attorney.

It has been proven

[Anonymous]

Anonymous wrote:Any help on writing the clause..pretty please? We have a 4 month old so anything that unpairs judgment is a no go.

You are being ridiculous!

[Anonymous]

Also, it is possible that the nanny's doctor could say it is fine to work while taking medication, which would mean she was under medical care. So, really you need to ask an attorney.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Any help on writing the clause..pretty please? We have a 4 month old so anything that unpairs judgment is a no go.

You are being ridiculous!

So just say that no substance use her will impair judgement while caring for your child.
I’m a mom and I’ve taken opiates for pain while taking care of my kid. I don’t like doing it as I feel all woozy so I made sure there wa another adult.
You can put whatever you want in your clause but the important part is to interview your candidates well, down trial day and communicate.

[Anonymous]

Nanny shall not use any substances that could potentially impair physical or cognitive ability (you could add “including but not limited to alcohol, marijuana, optiates, benedryl...). If nanny is found to have taken any such medication, drugs, or alcohol without previous discussion, the nanny will be immediately terminated.

I am a career nanny and would absolutely have no issue with this clause. I have something similar in mine, though the focus is on alcohol, which I have actually consumed a small amount while in the clock with my bosses.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Just the general (and don’t quote me): The employee also referred to as “Nanny” understands the importance of his/her role. At no time will the employee be allowed to consume drugs or alcohol while on duty. In the event where is had been proves that the employee has consumed alcohol or drugs, while on duty and in the presence of the child(ren), the employee will be terminated, immediately, without pay. If by such action the employee has been deemed negligent of the child(ren), where a child has been seriously injured, the employer will take legal actions and the proper authorities will be notified. That’s it!!

I have never seen any such thing in a contract or company handbook about actual drugs (maybe the secret service). For what you’re asking, you need to consult with an attorney.

It has been proven

If that's true, why haven't you already let her go??

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Just the general (and don’t quote me): The employee also referred to as “Nanny” understands the importance of his/her role. At no time will the employee be allowed to consume drugs or alcohol while on duty. In the event where is had been proves that the employee has consumed alcohol or drugs, while on duty and in the presence of the child(ren), the employee will be terminated, immediately, without pay. If by such action the employee has been deemed negligent of the child(ren), where a child has been seriously injured, the employer will take legal actions and the proper authorities will be notified. That’s it!!

I have never seen any such thing in a contract or company handbook about actual drugs (maybe the secret service). For what you’re asking, you need to consult with an attorney.

It has been proven

If that's true, why haven't you already let her go??

Not op. I was correcting my error. This was an example of what OP could include in her contract regarding the use of substances.