Recovery Ready Workplace Act: What NY Employers Need to Know, by Keith J. Gutstein, Esq. and Shiddhartha Uddin, Esq., 11-10-25

**Status Update as of 12/23/25: This law has been vetoed by the Governor. 

The Recovery Ready Workplace Act (S3740/A521), which would establish a voluntary certification program for employers who adopt supportive policies, training, and resources for employees recovering from substance use disorders (SUD), has passed both Houses of the New York State Legislature and is awaiting signature by the Governor.

If signed into law by the Governor, the program would be administered by the New York State Office of Addiction Services and Supports (OASAS), in partnership with the New York State Department of Labor. The Recovery Ready Workplace (RRW) program aims to foster environments that promote prevention, recovery, and the successful reintegration of workers impacted by addiction.

Although participation is voluntary, employers interested in participating should be mindful of new responsibilities that may accompany certification, such as implementing naloxone protocols, providing training, and maintaining recovery-supportive policies if the bill is signed into law.

Key Highlights of the Recovery Ready Workplace Act

• Voluntary Certification Program: If enacted, employers may apply to become “Recovery Ready” through a formal certification process developed by OASAS.

Criteria includes but is not limited to:

• A signed letter of interest from the employer to become a RRW;
• Issuance of a written declaration to employees;
• Collaboration with employees, labor unions (where applicable), recovery community organizations, and relevant government entities in developing the workplace program;
• Establishing availability of naloxone onsite and training personnel on its administration and other first aid measures that reduce the risk of death as a result of an overdose;
• Providing training and orientation to supervisors, management, employees and union officials;
• Providing resources and information to employees;
• Connecting with a recovery community organization within six months of certification; and,
• Ensuring employer RRW policies include confidentiality provisions to maintain confidentiality of employees accessing services.

• Program Administration: OASAS will lead the program’s development, including application procedures, technical assistance, compliance monitoring, and the issuance of certifications. They are also tasked with establishing an RRW program webpage on the office’s website that provides information on substance use in the workplace to employers, employees, and the general public.

Considerations for Employers

If enacted, employers considering participation in the RRW program should evaluate how their existing policies align with recovery‑friendly practices. In particular:

• Policy Development: Ensure leave, employee assistance, and accommodation policies support recovery.
• Training & Communication: Educate management and staff on substance use disorders, reduce stigma, and raise awareness.
• Legal Compliance: Ensure workplace practices remains compliant with applicable laws including the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), the Health Insurance Portability and Accountability Act (HIPAA), and New York Human Rights Law.
• Union Collaboration: In unionized settings, coordinate with labor representatives early in the process to align RRW initiatives with collective bargaining agreements and workplace conditions.

Authors:  Keith J. Gutstein, Chair of KD’s Labor and Employment Law Practice Group and Co-Managing Partner of the Long Island Office and Attorney Shiddhartha Uddin