Dealings with employers about your apnea & treatment?

LDuyer · Post by **LDuyer** » Wed Jan 05, 2005 10:41 pm

I was wondering what experiences you might have had with employers concerning your sleep apnea. My job was, still is, in jeopardy due to the exhaustion behavior I had before I was diagnosed and started treatment.

I'm about to forward to my employer a letter from my physician explaining my condition and treatment, so that my employer is aware of my efforts towards improved health. Frankly, I'm nervous about doing this.

What kinds of experiences have you had at your jobs?

Guest · Post by **Guest** » Wed Jan 05, 2005 10:47 pm

With the Reggie White publicity out there it could go both ways. Yea you are getting treated for sleep apnea or they might think you'll drop dead on them . I vote for doing your job correctly and showing them you are worth keeping. Dont give them the letter unless you think they or others they know have sleep apnea and they understand it.

Warrior II

LDuyer · Post by **LDuyer** » Wed Jan 05, 2005 10:54 pm

Thanks.

Yes, I've considered doing what you said. Guess that's why I'm torn. Even my physician warned that not all employers look at this in the same way. I had heard someone else at my job had had this thing, so my employer may be aware and understand. But you're right, I should consider not doing it also.

Thanks for giving me something to think about.

mtmax · Post by **mtmax** » Thu Jan 06, 2005 11:58 am

Hi,

You should inquire about FMLA (Family Medical Leave Act). It protects you against termination due to absences while ill or disabled.

Guest · Post by **Guest** » Thu Jan 06, 2005 1:30 pm

Acts are all well and good if you have the time and energy to sue - most don't. I think your best bet is to work hard for compliance and use the energy to live a normal life.

BetterBreathinBob · Post by **BetterBreathinBob** » Thu Jan 06, 2005 2:20 pm

If you are driving for a living I would urge caution about discussing your condition with your boss even though hopefully now while on CPAP things have improved with your sleepiness. The company insurance may require certain conditions for people with treated OSA. I just had a private pilot in my lab last week that needs a sleep test every year.

Ask lots of questions before approaching the boss.

Good Luck
Bob

SleepyGuy · Post by **SleepyGuy** » Fri Jan 07, 2005 1:56 pm

I didn't want to talk to my employer either, but I had to. I had previously mentioned that I had sleep apnea and it might take a while to resolve, but apparently it hadn't sunk in because I was still getting some flak.

As a software engineer, I can work from home at times, but that is discouraged. One morning I woke up dizzy and unable to drive in, so I wrote my manager and emphasized that sleep apnea can take a while to resolve. I told him that the condition causes severe fatigue. I told him I might well need some rather unpleasant surgery if I can't get used to the CPAP machine.

Reggie White had not yet died, but today I would mention him and that this condition can kill.

I had one advantage. My doctor is at Stanford and my sleep study was done there. I made sure to drop the Stanford name a few times as a way of emphasizing that this condition is taken very seriously by the top medical people in the country.

What can I say? If you have to tell people, then you have to educate them.

LDuyer · Post by **LDuyer** » Fri Jan 07, 2005 3:57 pm

Thanks SleepyGuy,

Your story helps.

My immediate supervisor/boss may already know I'm doing something, because I've used the only phone (his) to make doctor appointments, and I know I've asked questions and said some things that he'd overheard, things that suggested this condition. Only, I haven't told him outright yet. Also, he does like me, has said he thinks I'm a good fit with the people in our group and that my work is good. But his hands are tied, since others know about my nodding off. And he had once asked me if there might be a physical problem causing it. (at the time I did not know) So, I think it might be best to go ahead and formally and informally let him know. He might just go to bat for me if I mess up, knowing I'm succeeding with treatment. I will be sure to give it plenty of thought before I do.

But it's always good to think through this type of action and be comfortable with your decision, regardless of what happens. I never thought I'd be in this position!

Thanks so much.

Linda

mtmax · Post by **mtmax** » Fri Jan 07, 2005 6:51 pm

I disagree strongly with the guest who responded to my FMLA comment. It does not require a lawsuit, just a letter from your Dr and an FMLA form. This is also part of taking care of your health and welfare. It isn't easy to sleep well and 'comply' when you are stressed about your job. Yes your health comes first, but stress can be a killer too.

Best wishes,
Max

LDuyer · Post by **LDuyer** » Fri Jan 07, 2005 7:08 pm

Hi Max,

Wow. Thanks. I didn't realize it was that easy. I certainly will look into the FMLA thing you suggested (and other's have suggested outside of this forum). And you are right, it's too stressful to just "comply" when you feel like there's an ax hovering over you just waiting to drop on you when you next make the smallest of mistakes. And I can see from what you and others say, how a disability or condition can give a not-so-sympathetic employer carte blanche to get rid of someone quicker than they would one without these. It wasn't something I considered in dealing with this. Thanks for looking out for those who sometimes need looking after. It's comforting to see this.

Thanks, thanks, thanks.

Linda

wading thru the muck! · Post by **wading thru the muck!** » Fri Jan 07, 2005 7:23 pm

Linda,

The ADA (Americans with Disabilities Act) requires employers to offer "reasonable accomodations" for their employees with disablities. That's all you're asking for. You didn't ask them to look the other way as you sleep the work day away. All you ask is that they allow you to get treatment for your condition. They'll get a better worker for it. And you'll be a grateful employee.

Crystalblue2 · Post by **Crystalblue2** » Sat Jan 08, 2005 7:36 am

As a Human Resources Rep, specifically in the area of Benefits Administration, I can provide some facts about FMLA (Family Medical Leave Act). If your employer has at least 50 employees within a 75 mile radius and you have been employed for a minimim of 12 months with a minimum of 1200 hours worked in the previous 12 month period, you are eligible for up to 12 weeks leave PER YEAR due to your "serious health condition" (or the serious health condition of a family member). This leave would be unpaid, of course, unless you have vacation or sick time to cover it. What is most useful to us is that the 12 weeks can be intermittent (not used at once, but spread out). The key is that it's not intended for use because you are simply tired and want to stay home that day. We also have to be responsible to our employers and not take advantage. Log on to the DOL (Department of Labor) site and check it out. Keep in mind that there will be forms to complete for your employer so, at the very least, the HR department will have to know about your condition.

LDuyer · Post by **LDuyer** » Sat Jan 08, 2005 9:01 am

Crrystalblue2,

Thanks so much for the information, and I will look into it. It's great to get to hear from an H.R. person about this. I still have a little problem understanding how the ADA FMLA would be of any use to me, for the most part. But I suppose it's just good assistance to have in your corner, should you need to use it, right? In the meantime, how do you feel about me going ahead and submitting my doctor's note to my employer to just inform them of what's going on? (I'm not quite sure if they qualify with the 50 employee requirement, I'll need to check the number. There are more employees, definitely, but are at other offices in other states).

Again, thanks so much.

Linda

Spanky · Post by **Spanky** » Sat Jan 08, 2005 7:31 pm

Linda: If there is one thing I have discovered during my two and a half year relationship with sleep apnea, its that the only people that really understand and have compassion, are the ones that have it themselves. I firmly believe though, that we are responsible to keep our employers informed, of new or existing medical conditons. I am an Attendant Chauffeur for the State, and as soon as I was diagnosed with OSA I reported it to my supervisor. If you don't report your condition, it may come back to haunt you, especially if you are involved in some kind of accident. AL

Guest · Post by **Guest** » Sat Jan 08, 2005 8:15 pm

Info on FMLA and forma are at: http://www.dol.gov/esa/whd/fmla/

Having gone down this road, I'd agree with those who recomend folks use this with care and filoe only if you're at risk of being disciplined for reasons related to health. IMHO if you let your ilnesses be known and it's anything less than terminal cancer you get more discrimination than empathy.

I've also been a Manager in a government agency, and much of our training in dealing with any illness or personal problems went towards the "tell the person you're sypathetic about their problems, but still have work to be done or a department to run". .... and we're probably more lenient than private businesses on these things.

May be worth finding out if you rcompany's Personnel or HR department accepts and files FMLA forms to protect you without telling your manager details of the disability. HIPPA Laws may apply and if they do pass info along you could cause big trouble for them.

In my case personnel has the FMLA forms, and all my boss knows is he can't do anything about my taking off. I think it drives him crazy , but the bad part is he thinks I'm playing a game with him and he finds other ways to get at me .... hard to prove that's disciplinary action without due process or discrimination, but he's forcing me to a position where I may have to start court action and discrimination suits. Frankly I'd rather spend my enetrgy doing a good job and living a normal life, but if they back you against a wall, take money out of your pocket or put a career at risk, you may have to do something.

PS: I have illness besides APNEA, but not sure that helps much.

Dealings with employers about your apnea & treatment?

Dealings with employers about your apnea & treatment?

Hi Warrior II

FMLA

Sleepy on the Job

Thank you SleepGuy

FMLA

FMLA Protection - It's the law

FMLA

To tell, or not to tell!