MS HB1256

Individuals who fail a drug test and are not hired for an otherwise suitable position are deemed to have failed to accept suitable work and are disqualified from unemployment benefits under Mississippi employment security law.

The Mississippi Department of Employment Security may conduct drug tests of unemployment compensation applicants who were terminated for unlawful use of controlled substances or whose only available suitable work is in an occupation requiring drug testing.

A positive drug test result subjects the applicant to disqualification periods under existing law, but individuals may end the disqualification early by submitting proof of a negative test result from a department-approved testing facility.

The department may require individuals to submit proof of negative test results during or after the disqualification period in order to reinstate benefits.

The act takes effect July 1, 2012.