Apnea, the ADA and the FMLA

I have done a search and read the previous posts on this, but I am still in a quandry. I was diagnosed with apnea about 2 months ago and I am 100% compliant on CPAP and doing OK. I am a management consultant. I work for a big firm that is very supportive and PC about things like the ADA and the FMLA. They bend over backwards. However, I word with clients and our HR has no influence over them. I am good at my job and my services are in demand. I am not currently in any career trouble due to apnea. I am being proactive and taking steps before that happens.

But my problem is significant: I attend a lot of meetings and I have trouble staying awake in them if they are too long, too boring, or too poorly run. I do not have trouble if it is an engaging meeting. I also do not have trouble driving or in any other activity, so one problem is really the conduct of the meetings, but that is something I can't control. However I'm sure that apnea plays a part, and of course, there would be a huge perceptual issue with clients and consulting program managers if I can't keep this under control. Things have improved since being on CPAP, but I still feel tired during the day and have problems in meetings.

I think I should protect myself and get a letter from my doctor and file something under the ADA and/or FMLA with HR. They will likely respond positively if they can. But I don't know what to request. What kind of "reasonable accomodation" makes sense in a situation like that? I wish I could just request "understanding," but my guess is that is too vauge. I have thought about things like "Work hours that allow me to sleep on a regular schedule." This is achievable, but it really isn't the root of the problem.

has anyone has any experience with situations like this?

What did Drucker say about most meetings?

Drucker probably said a lot of things about meetings. One was, "Meetings are a symptom of bad organization."

A boss I had in the Navy used to say "The value of a meeting is in indirect proportion to its length."

I have seen a mock advertisment in offices, "Meetings!!! The Handy-Dandy Substitute for Real Work!"

All funny. All true. I still need a workable solution, however.

I did similar work (training consulting) before I knew I had OSA. I work in a slight different area now, and have used FMLA a lot! I've been on APAP for 7 months and am still using chunks of time intermittently to deal with the condition and therapy. My employer is very understanding.

I suggest that you request FMLA (Family Medical Leave Act) using your employer's application process. Even if you don't need any time off, your medical need will be documented. If you do need to sleep in after a hard night of xPAP struggles (when you don't have a meeting!) you will be covered. I email my manager in the wee hours of the morning saying I'm having a bad night, so he doesn't expect me in on time.

If you do fall asleep in a meeting, you may consider privately telling the client/manager and/or consulting program manager about your condition, protecting your medical privacy to the degree you think appropriate. Just so they know it's you, not them or their meetings! Some assurance about your usual effectiveness and ability to do the job might be helpful, too.

Have you tried to stand and pace a bit during meetings? You could always blame it on a bad back.

Do you have a machine with software? If not, I highly suggest getting one in order to monitor your process and the effectiveness of your pressure settings and mask. After a certain amount of time with effective xPAP therapy, you should be feeling no daytime sleepiness at all.

PM me if you want more information. Good luck! Please share your findings and advice about FMLA and ADA with us in the future.

That was me, wasn't logged in.
MHS

It may not be so easy as implied. FMLA protects you when you need to take time off. But, it doesn't protect you if you fall asleep at work. Even with both ADA and FMLA, you need to be able to accomplish the "essential duties" of the job. It's impossible to do the essential duties if you aren't awake.

While FMLA and ADA won't protect you, you may be taken care of by following the advice above. Share your concerns with your employer. Given your positive record, I'm sure they will make allowances.

I'm in agreement with guest about still being able to perform essential duties.

After talking with a person knowledgeable about ADA (Americans with Disabilities Act), two ADA steps basic to an organization:

1) determine if this is a disabling condition in major life functions. An MD needs to submit documentation. Your organization may have a human resources person or ADA coordinator or committee to make a determination about disability. What is your organization's policy on requesting disability accommodations?

2) if a disability, what is reasonable work place accommodation? A later start time? A break time for a nap? other accommodations?

For more information on determining accommodations and individual rights and responsibilities, try googling on Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990.