Sleep Apnea and rotating 12 hour shifts

mercury

We have an Correctional Officer employee has sleep apnea. Until March of 2004 the facility operated on 3-8 hour shifts and employees rotated monthly between the 3 shifts. In March we switched over to 2, 12 hour shifts (6 a.m - 6 p.m, 6 p.m. - 6 a.m.). Officers rotate monthly between these 2 shifts. Recently the employee came to HR with a Dr.'s note saying the employee needed to work day shift "as much as possible". I sent Physician Certification forms (and job descriptions) with employee back to the Dr. requesting detailed information related to duration of illness, treatment, security risks with this illness being in a prison, and if the position limited a major life activity.

The physician's certifications came back with: treatment is ongoing (wearing oxygen mask at night), it is considered permanent, no security risks, should be able to perfom job duties effectively as long as she worked day shift, but the illness did not limit a major life activity.

First of all is this a disability under ADA requiring reasonable accommodation? What about FMLA; is it a serious health condition?

If it does not fall u nder these two laws, should the dept. make efforts to accommodate this employee when other employees in the dept. (not in corrections) also have sleep apnea? What precedent will this set?

Thanks for your advice!

Brad Forrister

The HR Answer Engine shows a number of articles dealing with apnea and the ADA and/or FMLA. Looking over them, I'd have to say apnea is probably a condition that limits a major life activity (staying awake) and thus might have to be accommodated, if possible. Could certainly set a precedent of sorts, if the other positions also involve shift work. But every case is different, especially with a disabling condition as variable as apnea is.

Brad Forrister
VP/Content
M. Lee Smith Publishers