A simple but difficult situation....

KP68

Employee is falling asleep during work from what he says is "his medication".

Should we go the ADA route, just so we can confirm this? I don't know what type of accommodations we could possibly make for this.....

I'm sure this has been presented before as an issue - any thoughts out there on this??

HRinFL

I would not jump to the ADA conclusion right away. There does not have to be an ADA issue to confirm that the Rx is causing his to fall asleep. Tell the ee that if it is his Rx making him drowsy, he needs to talk to his doctor to see if there are any other Rxs that will not have that effect on him. If there are no other alternate Rxs, tell the ee to bring in a note from his doctor listing the sie effects of the medication.

Depending on your business, the ee may be unable to work under this Rx. If he operates industrial equipment, operates a motor vehicle, etc., there are safety concerns for the ee and others to consider. Once you get the Dr.'s note, I think it is more an FMLA issue than an ADA. If the ee cannot perform work, give the FMLA paperwork, have it completed, and tell the ee they can return to work whenever they are released by the Dr. or they find a treatment that will not have side effects that render them unable to work. If he does not actively seek alternate treatments prior to this step, he will then. Then follow you established practice with FMLA.

BTW, is this Rx due to a temporary condition, or does the ee have a permanent impairment? If you jump the gun, and start offering an accommodation under the ADA, you are saying that you consider the ee disabled. Under the law that is the same as him actually being disabled. He has not asked for an accommodation, so I would not discuss it. It is not his impairment that is directly causing the issue, it is the prescribed treatment. Stay away from the underlying problem.

marc

Agee with HRinFL - do not jump the gun.

So far you do not know if you even have an FML situation. The EE has indicated a problem with medication - I assume a conversation has been started regarding sleeping on the job - which is obviously an unacceptable situation.

That is all you have to go on - I would start the FML paperwork and also do the other things HRinFL suggested - there are potential safety issues here. How is the EE getting to and from work? There may be prohibitions against operating motor vehicles while using the Rx.

I would suggest getting the documentation together and not be guessing about what is going on. The next steps are up to the EE and his/her medical providers.