Sleep disorder

Jackson

We currently have an emloyee who is required to work alternating shifts. He may work 1st shift one week, 2nd shift the next week and 3rd the following week. Then his schedule may vary any combination of shifts for 2 to 3 weeks at a time. The employee has begun to have health problems and his doctor indicates that they may be due to stress brought on by his irregular sleep patterns which cause him to have difficulty sleeping. The employee would like to have a set, continual work schedule on one shift. We can arrange this without much problem, but his supervisor (and others) will complain that if we allow it for him, we will be swamped with similar requests. This is a good employee, but I fear that allowing such a change will infuriate his co-workers and managers to the point that they may retaliate against him in some way. Does his situation fall under ADA protection? What documentation do I need? And how can I handle the possibility of retaliation?

bsa

What kind of job is this that would require such an erratic schedule? My guess is, must be a maintenance worker. Is this person the only one on this schedule? Is there a business need to continue the practice? I think everyone would benefit from a regular schedule. You are also going to catch nine-kinds of grief for suggesting/agreeing with the need for a change whether it's one person or the whole department! Is it a reasonable change, will it benefit or hurt the company? Then again, ....you just might be a HR-Hero!!

Hatchetman

[font size="1" color="#FF0000"]LAST EDITED ON 06-05-01 AT 07:50PM (CST)[/font][p]As you have posted the information, I would say that this is NOT an ADA situation. You have no information that there is a medical condition that significantly impairs (if you're in California, only "impairs") one or more major life activities.

BSA, I think, has it right from what you posted about what the doctor has described. It's the work schedule that appears to be causing the problem for this individual. But that doesn't mean that he has a qualified disability.

The medical condition has to cause the impairment of the major life activity. Not the job. So, if it's the job that is causing the disruption in his sleep and thus the stress and, in turn, increased sleep disorder, I don't think he qualifies for reasonable accommodation (e.g., a change to a fixed schedule) under ADA type laws.

And I don't think that he would be considered ADA qualified based upon being "disabled" in the the major life activity of "work." From what you've posted, it seems that he is able to work a range of jobs for which he is qualified. The issue is not that he is unable to perform various tasks in these jobs, but he is unable to perform any job that requires him to work at different times over short periods of time. He can still do the same job or any job for which he is qualified at any time except that it needs to be on a fixed schedule. In comparison to the average individual, that doesn't seem to be unusual.

None of this helps him. But then, as many people do, he has to make a decision about what work he wants to do and when he wants to do it and under what conditions. If you wouldn't offer any other employee the chance for a fixed schedule, I wouldn't offer him one simply because it's easier for him to work a fixed schedule. I know that sounds uncaring, but then, as you noted, every other employee would want the same condition.

I assume there is some "bonus" pay involved for those employees who work such an unusual schedule. You may want to create a position that doesn't have the bonus for those employees who wish to work one of the various fixed schedules that would cover each of the shifts. You could pay to the "night shift" and the "graveyard shift" workers, bonuses. And even larger bonus for an employee who is willing to work all three shifts.

Peyton Irby MS

you could be facing an ADA or a workers' comp claim [if the employee has sufficient job related stress]. if you treat this as an ADA claim, you need to get medical advice as to the cause of the sleeplessness. this can come from the employee's doctor. if you want to consider placing the employee on a regular shift, you would probably need the doctor to opine that a regular schedule is medically necessary. this could also help with potential discontent from other employees. this is a tough issue, both legally and managerially. if you haven't consulted your employment counsel, i would suggest you do so.