"The fact that I might be using medical marijuana during my FMLA time off is irrelevant. Indeed, if my condition requires me to take time off from work to use medical marijuana, that time off would also be covered by the FMLA. One can only imagine the possibilities.... What if the employer has a zero tolerance drug policy, must the employer take the employee back when he/she tests positive for marijuana use after an FMLA covered absence to smoke marijuana as a medical treatment? Generally, an employer can enforce its drug free workplace against off duty marijuana use, because marijuana use is still illegal under federal law."  MORE >>