Hi folks,

One of our members (from Kansas City) asked me a good question:

Quote:

It would be nice to have a legal forum somewhere on this website, I am losing my job because of Sleep Apnea and have to go through this blind.  I know other people have been through this and some suggestions would be helpful.

  

So what has helped for you and what legal steps can a person go through if their job is being threatened because of sleep apnea?
What has been your experience?


Linda

I would look up the Americans with Disabilities Act and try to find a free legal advice service to see if there is any recourse.

Linda,

Try this site for starters.  There's a link at the bottom of the page for other sources.

http://www.jan.wvu.edu/media/Sleep.html

The first thing an employee has to do is get a letter (or some kind of document) from their doctor/sleep doctor stating that the employee has been diagnosed with sleep apnea and is in the process of being treated and/or is under the doctor's care.  They then need to take that document to the Personnel/HR department (and supervisor) and make them aware of the situation.  Without this notification, they're at the mercy of the employer and would have no legal recourse.

Best wishes,

Den

Actually I am a supervisor with the Postal Service and am well versed in actions such as this. There is a thing called FMLA (Family Medical Leave Act) which covers employees for extended periods of time being unable to work due to a serious health issue or one which will not get better over time. FMLA is the type of leave which is utilized by women when they are out of work when they have a baby, it is not widespread knowledge that this same type of leave can be used to protect someone, even a male, with a serious health issue. You would have to have your doctor document the serious condition and then your human resources or personel department should be able to run with the ball after that.

The Family Medical Leave Act once again is not just for pregnant women and it is the law, not just a postal service policy but a law covering an employee for up to 12 weeks of absence at work. Mind you this does not mean you receive PAID leave, depending on your predicament, situation, and career you may be able to use your sick, vacation time, etc BUT FMLA only bereaves you from any disciplinary measures which your employer may have taken against you for your time not at work.

In addition to sleep apnea I have crohn's disease and this is an example of an FMLA covered condition which I can not be disciplined for when I am unable to attend work.

If I was FIRED or any action taken against me for my health conditions I would immediately consult a labor lawyer. In addition to getting your job back you will also walk away with your self respect.

Hope this helped  

Yes, the Americans with Disabilities Act passed in 1990 prohibits discrimination against QUALIFIED persons with disabilities.  Under Title 1 of the ADA, the employer has to give you reasonable accommodations.  The only way he can fire you is if he can prove that having you as an employee causes him undue hardship.

Please post more information.  Is there a specific reason that your boss said that you're being fired for?  Do you think this is just an excuse?  Is he citing another reason, but you think its because of the sleep apnea?  We need more info to be able to help you.

Good luck!


_________________
"You may only be one person to the world, but you may also be the world to one person."

I do not know the specifics of the original poster, about why he or she was about to lose their job.

I personally had a situation during untreated sleep apnea where I was nodding off at work and was warned repeatedly and finally given one last warning.
Only then did I learn about sleep apnea.   I'm a little pissed, because later I learned there were others at my job with known treated sleep apnea, so I wish the Human Resources people had been smart enough to suggest it, because I sure as heck never knew sleep apnea existed.  

Anyway, after starting cpap I had my primary care physician write a letter to my employer.  It seemed to help.
But I was layed off later for other causes, but I have to wonder if the sleep apnea wasn't a factor in them not taking the effort to put me in another position to which I was much better suited.  My point is that the sleep apneac has to be at top form of performance, to be good at their job, always vigilant, more so than other employees, I think, in order to make sure there are no other reasons the employer can use to get rid of you.  That can be very stressful in and of itself.  That's why I often tell people that unless there's an immediate need to tell your employer about your condition, try not to.  You don't want to give them a reason to get rid of you if for the most part you are functioning alright in your job, treated or not.  It might be different in the federal and municipal sectors, but it can be a precarious thing at other employers.

....



Last edited by another_guest on Tue Oct 31, 2006 10:31 pm; edited 1 time in total

I think this stupid illness causes so much stress in many areas, but for me the greatest impact was my last job and then taking care of my kid.  A letter from my doctor put my employer on notice and they knew they couldn't touch me.  I'm glad I got a letter because I was falling asleep at meetings and people were making fun of me.  Because it was a medical condition and my employer provided short-term paid medical leave, I took the maximum amount I could.  I also saw a labor attorney.  Dang, why does it all have to be so hard??  That's why it so great that we are here for each other.  Thanks everyone!!

Vicki


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That which does not kill you makes you stronger-Friedrich Nietzsche
Friedrich must of had apnea.