Fmla For Sleep Apnea
Now i been on a c pap machine for a long time now. Neither the fmla nor its regulations address whether an employee may take time off work to catch up on sleep because she was caring for a family member when she would normally be sleeping.
Although a common symptom of sleep apnea is loud snoring with pauses that are followed by a choking sound not everyone who snores has sleep apnea.
Fmla for sleep apnea. Consequently she did not show she had a serious health condition qualifying her for fmla leave. Our attendance pollicy has a requirement that we call in within two hours of the start of the shift. What was clear was that she was not receiving inpatient care for sleep apnea or receiving continuing treatment for it.
The seventh circuit affirmed the dismissal noting first that guzman did not actually suffer from a serious health condition under fmla. I have sleep apnea and i been having sleep apnea about 13yrs. Disability benefits for sleep apnea sleep apnea is a fairly common condition where a person stops breathing briefly while sleeping.
Apnea the ada and the fmla. Fmla rules concerning attendance my condition requires me to have intermitent absense from work due to a cronic sinus issue that causes sleep apnea headaches and obviously shortness of breath. Sleep apnea should not be the reason for you to be sleep deprived.
Family medicial leave i agree that you should discuss with your employer that you have sleep apnea that you are under a doctor s care and that you are receiving cpap therapy. You require a pillow that will give your head enough support and open your airways to decrease the breathing struggle. Could sleep apnea have cause this.
The fmla covers time off work to actually care for a family member not to sleep after caring for a family member. Return to cpap and sleep apnea message board. After all she had not sought diagnosis or treatment for her sleep apnea for many years and was not undergoing continuing treatment for it at the time of termination.
This will protect you in case they try to fire you for sleeping on the job. But if your doctor feels that you can not work until an appropriate treatment plan is in place then it should be covered. As for fmla there is no specific information addressing sleep apnea alone.
I hope you find this information helpful. If you have difficulties breathing while asleep then changing your pillow will be a good solution. I just found out that i have autonomic neuropathy could this be why my legs are hurting at night.
I was diagnosed with apnea about 2 months ago and i am 100 compliant on cpap and doing ok. In the seventh circuit s view it was not clear from that note that guzman even suffered from sleep apnea at the time she was fired. Post by mandojohnny mon jun 19 2006 8 32 pm i have done a search and read the previous posts on this but i am still in a quandry.
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