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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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Currently out under FMLA, can employer request drug test.

Customer Question

Currently out under FMLA, can employer request drug test.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
Yes, an employer can request a drug test. FMLA only protects from termination on basis of disability, but the employee is still bound and governed by the rules and conditions of employment. Hence, if the employee consented to a drug test when hired, being out on FMLA does not negate the employer's ability to consider seeking a re-test.
Dimitry, Esq.