have been admonished by my boss for sleepiness

[beth1954]

Kinda long.....please be patient. I have not been known to be compliant with my cpap machine. I was having alot of daytime sleepiness a couple of months ago and got called on to the carpet in my boss's office and scolded. There was no show of concern, just being scolded and admonished. She was also "nice" enough to tell me that with all my health problems, she could easily see me totally disabled soon. It was horrible and humiliating. I explained about the sleep apnea and vowed I would use my machine again. I have been using it now for over 2 months religiously!! I sometimes feel like I have a little more of a restful feeling in the morning, but mostly not. And I still have sleepiness in the daytime. I've just not gotten caught. I am going to go to a sleep specialist in June (first available appt.) to see what is going on. I took home an oximeter, and my oxygen sat. stayed about 95 all night long, so my machine is working good. (Although I need to get a new one, this is very plain jane with no data storage or anything) I posted last week that my nasal pillows were not doing well, and someone here told me I probably needed new nasal pillows. I had actually ordered a whole new headgear w/nasal pillows and just got it 2 days ago. I can't remember the name of it swift nasal pillows fx or something...."for her". I love it!!!! the air hose goes out directly to the front instead of to the side and I can sleep on either side and not even hardly know I have the head gear, etc. on. But I am a little concerned with the daytime sleepiness. One of my doctors gave me about 7 weeks supply of Nuvigil samples. I'm hoping that will help, but I hope that is a temporary solution. I am still going to see the sleep doctor because I want to be "normal" w/o Nuvigil.
Another thing really bothering me is that even tho my boss knows I have sleep apnea, and that I'm doing everything I can to make things better, she said if she catches me sleeping again there will be disciplinary action. Can she do that? I mean legally?
2 of my doctors have suggested to get fmla paperwork started so that I'll be protected if I need to go home because of sleepiness, or because of my depression, or chronic neck pain that I have. That way I'll be protected against her lack of knowledge about medical conditions.

[Breathe Jimbo]

You might want to tell the sleep doctor's office about your severe daytime sleepiness now, before your appointment, and ask whether they want to do a daytime sleepiness test (I forget what it's called, but it is essentially a test for narcolepsy).

If your employer takes adverse employment action against you, you may have a claim under the Americans with Disabilities Act. I do not know enough about your situation to give any legal advice, nor would I ever give legal advice in this type of forum. Nonetheless, you might want to start keeping a diary of your interactions with your boss, starting with your informing her that you scheduled an appointment with a sleep doctor and/or will be having an overnight sleep study on the first available date. A simple diary of facts, without opinion, interpretation, etc. -- just the facts: date, time, what happened, what was said, warnings, threats, adverse actions.

... and drink lots of coffee!

[archangle]

Keep using the machine. It may take a while to help.

Get a new machine with Auto CPAP. It's a good idea anyway, and it will record data that your current machine won't. Do it even if you have to pay for it out of pocket. Then you can look at the data from actual sleep sessions at home, instead of a sleep lab. Get the software to read your own data and check your own results.

Read the announcements at the top of the forum for hints on how to deal with the DME/equipment provider and doctor. Get your prescription on paper from the doctor, don't let them just send it directly to the DME.

You really need an AUTO CPAP machine. The DME will probably try to scam you out of it because they make more money on cheap CPAP machines. It may be worth buying it on your own from an online supplier like cpap.com, who hosts this board. You can turn the auto function off if you don't need it, and usually the auto machines are the only ones that do good data recording. The auto function helps if your prescribed setting aren't right, since it will automatically bump up your pressure.

Since you have a REMstar machine, you might consider a Philips Repironics System One REMstar Auto CPAP with a heated humidifier. $700 or less bought online without insurance.

Don't forget that you may have sleep or drowsiness issues even without any sleep apnea. Get enough hours sleep, etc. and don't expect the CPAP to fix everything.

Don't count on any help from the legal system. In theory, you might get some help if the "discriminate" against you, but it's tough and expensive to get what you think of as "justice" in this country, especially in Texas, if you aren't rich. The "system," if it exists, is a bunch of bureaucrats who probably don't care. Unless you can find a lawyer who thinks he can get a bunch of money, you probably can't afford a lawsuit. I doubt you'll find a lawyer who will take your case on a contingency basis. I'm not saying to roll over, but don't expect it to be easy to get legal or government help.

Don't expect any help or consideration from the employer, either. The new American business model is to treat employees as another piece of equipment. You may be their "most valuable asset," but they're not reluctant to replace you with a new piece of equipment just like they would replace an obsolete computer. They would also love to get rid of an employee with health problems or an older employee as long as they can do it in a way that won't get them sued. i.e. Don't give them an excuse.

What's your pressure? (When you turn it on, it will be on the display.) How long ago did you get your machine?

[SnoozyQ]

Do get the FMLA paperwork filled out and submitted. Protect yourself. I had to do that myself, and it allowed me to take the time for tests,etc as well as my 'bad days'.
And USE the machine--you will have a hard time arguing your case, if you haven't been trying to help yourself.

[beth1954]

ARRRGGHH! I just posted a reply and lost it somehow.
SnoozyQ: FMLA paper work has been sent to my pain management doctor, my psychiatrist AND my family doctor. Sleep specialist can't be seen until June.

Archangle: I have been using the machine every night for over 2 months now. I got new nasal pillows that I love(d) but had a bad night with them last night for some reason. Then that wakes me up alot. I really REALLY want an Auto CPAP. I don't see any reason why my doc won't request that for me. I do not have the money to pay for one myself, but my ins. should pay about 85% of it. I will bring the prescription with me. I'm seeing my family doc today. My machine has NO type of display. But I know my pressure is 14. I am getting plenty of sleep! Usually in bed by 9:00pm or 10:00pm, up at about 6:00am.
My psychiatrist gave me some samples of Nuvigil to help for now, but to me that is a TEMPORARY solution because I want to find out the reason for the sleepiness, not just take a pill.

Jimbo: I will call the sleep specialist before my appt to see if he wants me to have any kind of test! Thanks for the advice!

[dae3dae3]

If you can't get into the doctor before June you might want to check to see if they have a list where they call you if somebody else cancels. I was able to get my sleep study moved up by more than a month by doing that. I had my CPAP before the date for the original sleep test by getting on the list.

If they don't have a list you can ask them if it is ok if you call daily to ask about cancellations. People cancel all the time.

[LinkC]

I'm not a lawyer, nor do I play one on TV...but I would guess that non-compliance with a doctor-prescribed treatment would be considered negligence on your part and would negate any legal remedies you might have with your employer.

You have an obligation to do your part. If you choose not to, how can you expect your employer to be held to his/hers?

[purple]

If you decide to buy a new machine, and do not have the help of insurance, then you can buy a used machine. There is a CPAP auction and secondwind. I have not bought anything from them. Some other posters here have bought from them and some to like the deal they got. Some have suggested that they professional clean and certify the equipment to be what it says. However, that is for you to research and decide for for yourself. It is your money and your risk.

Yes, I think an auto with full data capability might prove useful. It would surely give you better control over the future of your health, with or without job. As I guess you know, others here on the forum can help you to download data and interpret how to make the situation better. Meaning you will not have to make an appointment and pay a doctor to find out what is happening. Nor wait to find out just once a year.

I know that high blood sugars, like diabetes can cause sleepiness. Even those who do not have Diabetes can feel sleepy with foods which quickly change to sugar. Then there are a number of health problems which can cause 'chronic fatigue syndrome."

Personally I would hate to depend on the legal system to protect anything that is mine. Money and corporate interests rule today, the individual be damned. A company can fire you for any number of reasons, so they can just manufacture a reason. Just going into the court saying but it is a medical problem is like admitting that you will never be able to work at the level the company is paying you for.

Wish I was able to work at all, disability means poverty. There are no days off in poverty, no vacations either. Best wishes in your future.

[beth1954]

Link: I do follow doctor's orders. I haven't in the past, but I am now. I use my machine every night but still have daytime sleepiness. The machine works as it is supposed to, I wore an oximeter overnight and my o2 sat never went below 95. There is something else going on I guess. That is why I have scheduled an appointment with a sleep disorder specialist.

Purple: I had bloodwork done about 3 weeks ago that my family doc ordered. I don't even know what all she ordered, but she said that the bloodwork came out fine and there was nothing in the results that showed a reason for my sleepiness.

I'm doing as much as I can and as fast as I can........FMLA paperwork on the way, appointments on the way, etc.

[archangle]

My machine has NO type of display.

Your profile says you have a REMstar Pro. Doesn't that have a little LCD display near the buttons that shows your pressure?

[beth1954]

OK..........now that I look at that machine better, it isn't mine. Mine looks alot like it, but only has 2 buttons. One for off/on, and one for the "ramp." Then it has a dial for the humidifier, which I think was a separate piece when I got it. A little tray slides out for me to put water in it. I usually set it on 3 and I have to fill it every night. I didn't see one that looks exactly like mine. I'll look further or wait til I get home so I can say for sure.

[beth1954]

ok.........I looked around on the internet. The closest to what I have is the "Respironics Remstar M Series Basic CPAP w/Optional Heated Humidifier." The picture has push buttons on it though, but I can't enlarge it enough to see what the 3rd button is for...........

[beth1954]

Oh--it also says it's not available anymore.

[Janknitz]

Even though your O2 sats look good, you still may not be getting optimal therapy, so a data capable APAP is going to be very helpful.

You don't have to wait to see the sleep doctor, if your PCP will give you the Rx for a data capable Autopap you should be able to get one. [Note, if your insurance paid for your existing machine in the past 5 years, they may not authorize a new one--call the insurer and ASK]. Be sure to read "What you need to know before you meet your DME" in my signature line before going shopping for a machine.

It's still worth establishing some sort of record for a possible ADA claim if they end up firing or disciplining you due to your Sleep Apnea. You can ask for accomodations like a more flexible schedule while you are working to get your therapy working for you.

[beth1954]

Janknitz, yes, I found out that my ins. will only buy one machine per 5 years. That really stinks. BUT I found out that if my doctor writes a letter stating why I need a better machine with more capabilities, it will be considered. So that is what my family doc is going to do.
The whole thing has gotten me really depressed. That isn't helping matters at all.