Return to work drug testing

frankwilson

One of my client companies has a long standing practice of requiring a drug screen as part of returning to work from a medical absence for alcohol and/or drug treatment. My reading of the final FMLA regulations and comments indicates to me that such return to work drug testing is not in violation of FMLA. I am interested in receiving anyone's experience with this issue.

Down_the_Middle

As long as a mandatory drug screen prior to return from leave is exercised ATB to all ee's, then I see no problem with it. Policies that reguire drug testing after a 60-90 days absence are common and certainly reasonable------it's analogous to the pre-employment screening done at time of hire.