Employee Assistance Program (EAP) | Practical Law

Employee Assistance Program (EAP) | Practical Law

Employee Assistance Program (EAP)

Employee Assistance Program (EAP)

Practical Law Glossary Item 3-509-2979 (Approx. 3 pages)

Glossary

Employee Assistance Program (EAP)

An arrangement offered by employers to provide a wide range of benefits to employees and their families, often as a supplement to the employer's health plan coverage. EAPs are designed to help employees and others manage personal problems that can affect their well-being and work performance. An EAP can provide counseling or treatment to assist employees and their family members with issues such as:
  • Alcohol and drug abuse.
  • Financial problems.
  • Emotional distress.
Many employers do not charge employees premiums for EAP coverage.
From a compliance perspective, benefits for medical care under an EAP generally are considered to be group health plan coverage, unless the EAP satisfies the criteria for being an excepted benefit (see Practice Note, Employee Assistance Program (EAP) Compliance, Practice Note, Excepted Benefits, and Group Health Plans and Health Insurance Toolkit).
Counseling or treatment under an EAP is confidential, unless an EAP counselor is required by law to disclose information such as child abuse. For more information, see Minimizing Workplace Violence Checklist: Employee Assistance Program (EAP) and Standard Document, Smoke-free Workplace Policy: Employee Assistance Program.