I have had several occasions where a driver is returning to an employer after a leave of absence and is sent to us for a “return-to-duty" drug screen. What they actually needed was a routine urine drug screen equivalent to that of a pre-employment drug screen; not a return-to-duty drug screen.
“Return-to-duty” has a very specific meaning for DOT and FMCSA and should not be confused with return-to-work. Return-to-duty urine drug screens are ordered by a substance abuse professional (SAP) as part of a substance rehabilitation program. Return-to-duty urine drug screens always have to be observed drug screens by someone of the same gender.
When a driver fails a urine drug screen, either from a positive drug or a refusal-to-test, they have to be removed from their safety–sensitive job. Whether or not they are terminated by their employer is up to the employer but they do have to be given the name and contact for a substance abuse professional and given a chance to undergo a substance abuse program. The substance abuse professional will do an evaluation and determine what the driver must do to return-to-duty. The program will always involve undergoing periodic return-to-duty drug screens under direct observation.
So, you do not want to send an employee who has been on a leave of absence for a return-to-duty drug screen.