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Re: Losing Job (long)


Posted by PDX Dale on September 26, 2000 at 21:32:00:

In Reply to: Loosing Job posted by briston4 on September 26, 2000 at 18:01:01:

I don't care if what the doctor did was appropriate, that's not what you asked about.

(I'm assuming you're in the USA, so) regarding being terminated -- search the web for ADA (Americans with Disabilities Act) and FMLA (Family and Medical Leave Act). The paraphrased definition for a disability is any medical condition that interferes with a major life activity. From my research, the courts have consistently ruled that sleep is a major life activity and the EEOC (Equal Employment Opportunity Center) has stated that Apnea is a disability because it interferes with the major life activity of sleep.

If what I'm saying is true (I believe it is, but I'm not a lawyer) apnea is a disability AND it would seem to be illegal to discharge you for that reason. In fact, if your employer is covered by the FMLA - s/he is required BY LAW to give you time off without any disciplinary action. That's why I recommended that you research that regulation.

You might want to check with an attorney, but every employer is covered by the ADA and many (most?) are covered by the FMLA.

A warning: it is possible for an employer to find other reasons (whether true or not) to discipline you (or terminate you) so it may be hard to prove that it was apnea that caused their actions. I would recommend (again, remember I'm not an attorney) that if they terminate you that you have them advise you in writing of the reason - hopefully, they will say it is because of your chronic sleepiness or due to the time you missed due to your doctor's recommendation. It seems like that would pretty much hang them out to dry.

Good Luck!

ps: search previous postings in this forum on ADA and employers. There have been some terrific thoughts in the past on this subject.

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