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Company. <br />(b) To be entitled to such leave, the employee: <br />(i) must have first been clinically diagnosed as drug and/or alcohol <br />dependent by a licensed substance abuse professional, and <br />(ii) must be eligible for leave under the federal Family and Medical <br />Leave Act (FMLA) or similar applicable state law. Contact the <br />DER (page 3) to inquire about FMLA benefits, if any. <br />(c) Such leave of absence shall not be permitted and the employee <br />will be subject to disciplinary action up to and including immediate <br />discharge solely at the option of the company, if the request occurs: <br />(i) After the employee has performed any safety sensitive function <br />for the Company on the day of the request, or <br />(il) Following a request or attempted request by the DER for the <br />employee to submit to a drug or alcohol test, or <br />(iii) Following a request or attempted request by the DER (or other <br />representative of the company) for the employee to submit to an <br />interview regarding the employee's performance of his or her <br />safety sensitive duties (e.g., a reasonable suspicion interview). <br />D CERTIFICATE OF RECEIPT. Each employee is required to sign a certificate of receipt <br />certifying that he or she has received a copy of the policy, training and educational materials required <br />by FMCSA regulations. Do not sign for materials, information, or training that you have not received. <br />You are entitled to receive a copy of the certificate of receipt. <br />2020 Drug Screens Plus. All Rights Reserved. (21) FMCSA 20200101 266 <br />