Forums
Employee sleeping on the job
Legal Forum
Employee sleeping on the job
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
If an employee sleeps on the job, has a medical condition and/or is on medication, but has not asked for reasonable accommodation, can the situation be addressed?
0
Cat:Topic ForumsForum:ForumId54
Cat:Topic ForumsForum:ForumId54Discussion:DiscussionId17395
Forums » Topic Forums » Legal Forum » Employee sleeping on the job
|
Employee sleeping on the job
posted at 7/13/1999 11:37 PM EDT
|
Posts: 946
First: 6/14/1999 Last: 12/14/2005 |
Yes, the situation can be addressed. It can be addressed through counseling because the employee has violated a company policy or performed poorly at the time. The fact that the employee has a medical condition or takes medication doesn't mean that they caused the employee's sleeping. an employer is only required to reasonable accommodation a KNOWN or OBVIOUS disability. Part of looking into the matter is getting the employee's explanation for sleeping. He may not identify medical condition or impairment. The employer shouldn't make the link without the employee saying that was the explanation. I assume also that this is the first time sleeping on the job has come up with this employee. When the employer discusses the incident with the employee, then you can utilize appropriate counseling which could include then responding to a "request" for reasonable accommodation (either because the employer believes the medication/medical impairment caused the sleeping or because the employee actually makes the request -- remember its only an evaluation at that point as to whether the employee is ADA qualified). In any case, the employee should be put on notice that sleeping on the job is unacceptable and subjects the employee to disciplinary action. Hopefully, if a reasonable accommodation is found to be appropriate it will resolve any problem regarding sleeping. Now, all this changes if the employee's job is to throw the switch that moves the track to avoid on-coming trains from crashing into each other and the employee was, in fact, asleep, didn't throw the switch, the two trains crashed, 20 people were killed, and $5,000,000 in property damage occurred. In that case, fire the S.O.B.! |
|
|
Employee sleeping on the job
posted at 7/14/1999 6:16 PM EDT
|
|
Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
Of course, in my humble opinion, the situation should be "addressed." The issue concerns how you address the matter. If the employee is a truck driver, airline pilot, etc., the phrase "QUICK, WAKE UP!!!!' comes to mind. If the employee's job is not as critical, I would certainly ask what is going on.
If the employee does not identify him/her-self as having a disability (having children who keep you up all night is not a disability), then disciplinary action would seem to be warranted. If the employee identifies him/her-self as having a disability, then it would seem that entertaining a give and take on accommodations would be a good idea. |
Forums » Topic Forums » Legal Forum » Employee sleeping on the job
