April 2026 Iowa Q&A roundup
Q Are there particular legal risks to random drug testing, given the varying legality from state to state, and are there best practices or requirements for documenting drug testing policies and incident responses?
The law on this matter is almost entirely state-based, with some limited exceptions for certain situations, like commercial drivers. You should assess what states you may need to consider, the specific state laws, how those laws are applied through case law, and what documentation is required.
In Iowa, you’re required to have a written policy, to list what drugs you test for, to give employees the opportunity to provide information that may be pertinent to the test, and to provide them with clear written instructions for a variety of processes, including how they can request a confirmatory test.
Q A new employee announced she’s pregnant and due in April, meaning she’ll have approximately one week of accrued leave available and she isn’t eligible for Family and Medical Leave Act (FMLA) leave. Our county policy does allow for an extended leave of absence, and if approved, the employee would be responsible for the employee’s and employer’s portion of insurance. Does this protocol run afoul of any pregnancy discrimination laws?