poor performer mentions sleep apnea

gm204 · February 2006

We have an employee with several written warnings regarding poor performance and insubordination within the past year. Recently, this employee fell asleep on the job. The supervisor wants to terminate employment. I agree that termination is the next logical step, however, this employee mentioned that she has sleep apnea to a member of our managment team.

Is termination an acceptable route to take at this point...given her past poor performance?

Should we consider her possible sleep apnea condition before terminating?

Whatever · February 2006

Several questions
1. In relation to falling asleep on the job - did the ee tell the supervisor before or after the incident about the sleep apnea?
2. Did the ee ever ask for an accomodation for the sleep apnea?
3. Did the ee ever fall asleep on the job before. If yes, what did you do?

Now changing the topic (sorta) (some are because I am curious)
1. In the last year, how many warnings did the ee get for poor performance.
2. Was the ee advised in these warnings what the consequences would be if the performance didn't improve. If so, what were the consequences.
3. Did the company give any additional training to the ee.
4. How many times did you give warnings for insubordination.

Sorry about this, but I'm trying to get a more complete picture.

FunHRBanker · February 2006

I can understand being tired because of sleep apnea, but it's not like he's narcoleptic. Sleep apnea can also be helped using breathing machines which may be covered by insurance.

gm204 · February 2006

The ee told the supervisor prior to falling asleep on the job, but has not asked for an accomodation.

Apparently the ee has fallen asleep several times before, but it was only witnessed by co-workers and never documented.

In the last year, the ee has received three written warnings in regard to substandard work and two verbal warnings in regard to disrespectful conduct/insubordination.

The written warnings document the performance issues, explain the negative impact of the poor performance, as well state that future violations may lead to immediate dismissal.

The ee has received technical OTJ training.

Whatever · February 2006

I would give a written warning stating that the next time he falls asleep on the job he will be terminated immediately.
As an aside, I would never give a verbal warning for disrespectful conduct/insubordination. It is always written. And, if it is insubordinaton, usually a suspension at the first incident.

gm204 · February 2006

Thanks for the advice. I agree.

Paul in Cannon Beach · February 2006

So an ee who says "hey, I have sleep apnea" is not necessarily requesting an accommodation? I know the law says that you don't have to use the word "accommodation" or "disability".

Is simply stating "I have this disability" ever viewed as a request for accommodation?

Whatever · February 2006

Stating one has a disorder or health problem does not necessarily mean that one has a disability that needs an accomodation.
However, for arguments sake, let's say an ee as an accomodation gets a break in order to take a nap. In that case, they still would not be allowed to sleep when they are supposed to be working.

gm204 · February 2006

I don't think the ee has to specifically ask for an accommodation.

For sleep apnea, there is not much of an accomodation we could provide. This ee has a day shift, two breaks and an hour lunch. There is flexibility as to when the ee can take these breaks. We also suggested the ee vary her work and not do one task for too long. Other than that, we need the ee to be awake, alert and productive during work hours.

FunHRBanker · February 2006

I'm not sure if even taking naps during breaks and lunch would help the situation. People who have sleep apnea do not get enough deep REM sleep that everyone needs to function because their breathing is labored. I agree that offering naps is not a feasible accomodation. Could you suggest that the ee visit his physician and get a "prescription" for a sleep apnea machine?

gm204 · February 2006

The ee already mentioned using a breathing machine at night. I did some further research about the condition. The possible accomodations for someone with sleep apnea is pretty much what we already have in place. For example, allowing flexible breaks and varied work to try and prevent dozing off.

E Wart · February 2006

We have had this problem also. I thought I wrote about it earlier.
Employee has told other supervisory employees and Manager has been made aware of it. He is coming in on weekends to try to catch up on his job (because he knows he has a problem.)
He has never asked for an accommodation. We know he is seeking medical treatment on this. (Sort of came up suddenly. Hasn't always had.)
However, we have had to address as performance issue.. not meeting deadlines, quality not good, etc. Can't let this continue, even though we want to help him. (He is exempt.) We don't have an insubordination issue here and he isn't using his sleep problem as an excuse, but has made us aware of it.

E Wart

poor performer mentions sleep apnea

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