Employee Performance Issues due to Medical Condition
tokentrinkit
2 Posts
We have an employee who has been falling asleep at his desk. His supervisor approached him and mentioned to him that too many other employees have complianed about noticing him falling asleep. The employee claims he has a thyroid problem that causes him to be sleepy. He told the supervisor that he is no longer seeing the doctor that was treating him for the condition. The supervisor gave him a verbal warning and told him he needs to do something about it because it is affecting his work and other employees around him. Can we require him to get treated for his medical condition? If he keeps falling asleep due to a medical condition (if he does have one) could we continue giving him warnings (verbal and written) if he does not improve and are we legally able to discharge him?
Comments
I wonder if this would fall under the Americans with Disabilities Act. One of the requirements of the law is to provide a reasonable accomodation to a disability so a qualified employee can perform the essential functions of the job.
I think you are going along the right track to treat this as a performance problem, but you should start an interactive process with the employee to tell him that if his thyroid condition is a disability, you may be able to work with him to accommodate any needs he has. If he refuses to provide medical information regarding what accommodations he requires, you should continue down the performance/discipline path. If he gives you information (medical cert) of his condition and need for accommodation, then you can talk about whether what he needs is reasonable (all required by the ADA).
If this is a drug or alcohol condition (as someone suggested) then either he fesses up and enters treatment (for which he might be protected under federal law), or he goes through progressive discipline and gets fired.
I'd be careful about suggesting a substance abuse problem--based on your question, this wasn't raised by the employee and the employer simply doesn't need to go there. The issue is sleeping at the desk during work hours--not acceptable from a performance and work conduct point of view. Unless the reason for falling asleep is related to a qualified disability for purposes of the ADA or a state law, the performance problem should be addressed as a performance problem according to company policy. If it is a disability, then medical certification and the interactive process to determine if there is a reasonable accommodation would be in order.
You might take a look at the Job Accommodation Network (JAN) for ideas on disorders that might cause excessive sleepiness and what accommodations are possible. A flexible schedule or later start time might be helpful.