Drug Testing when returning from Leave of Absence

System

Our company has a drug policy providing for pre-employment drug testing. We are considering also testing prior to re-activating them after a leave of absence. Would this be OK legally? What about after military leave? Would there be any special legal issues in this instance? Thanks!!

Down_the_Middle

I think this question should be directed to your local counsel to confirm that there are no state law issues that may contradict what you're considering.

On the surface there may not be a legal problem, but depending on the size of your workforce, it could be a real administrative challenge. I have approx 50 employees on some type of LOA at all times, so it would be a challenge as a re-entry requirement. If your only drug testing is at pre-employment I question how you'll accomplish anymore by doing this. What about your current staff who may be impaired while on duty? Is there some type of reasonable suspicion or random testing already in place for them?

System

Thanks for your response. I guess I should have been a little more detailed. We have approximately 150 employees and only about 3 or so on LOA at any given time, so I still don't have a lot of experience in this area. Our drug policy does include post accident, suspicion and random drug screenings, as well as pre-employment.

Down_the_Middle

Thanks for the addt'l info. Based on that, it seems to me you have sufficient systems in place to keep the workplace free from drug impairment, so I would not tend to focus on LOA's who RTW. Those who are out on medical will have an MD's clearance to RTW and the non-medical LOA's were presumably given the time off cuz you value their continued employment and you're trying to assist them.

Welcoming them back with a drug screen strikes me as counter-productive. I wouldn't consider doing this for employees taking extended vacations, so I'm also less likely to get excited over an unpaid absence.

Gar

Unless you have a problem with employee's returning from LOA being impaired, I wouldn't bother. It's my experience that if you're ever called on it, the best defenses or reasons for drug testing are laws/regulations requiring it and business necessity. If either isn't the case, leave well enough alone.