Just making sure

szemcumo

We have an ee on intermittent fml for husband. EE was one of 4 randomly selected for DT which she failed. I feel confident that we can term because of our drug policy that fml does not exclude her from that. Am I correct? Thanks for all input.

LarryC

Was the employee selected and tested while on leave?

szemcumo

No, she was working.

VS

As an employer, you do not have to change your policies for someone on FMLA. Therefore, you can follow your policy on how you would respond to the positive drug tests. However, just make sure your "random" selection process is solid or you could be challenged that this employee was selected BECAUSE she was using FMLA.

szemcumo

Yes, our random selection is very secure. It is done by a computer in another state. They receive a code name for each ee. They don't get the ee name at all nor do they know it the ee is male or female. Thanks for your response.