Accommodations at Work for Insomnia and Sleep Disorders

For many of us, there seems to be two realities that we live in: We either cannot wait to put our head down and go to sleep, or else, we put our head on the pillow and we can’t sleep at all. And for many people, that inability to sleep is more than a now and again occurrence; it is what is considered to be chronic insomnia.

Is it a Disability?

Of course, an occasional bad night’s sleep or inability to go to sleep, is not a disability which your employer must provide you accommodations for. But if it is chronic, persistent and longer lasting, or caused by an underlying or permanent condition, insomnia may qualify as a disability under the Americans with Disabilities Act, requiring your employer to provide you reasonable accommodations.

The ADA qualifies a disability as anything that interferes with a major life function, and sleep is a major life function. Note that it isn’t the insomnia itself that qualifies as the disability, but rather, other conditions that cause the insomnia. For example, something like restless leg syndrome, or anxiety, or PTSD, or sleep apnea, are all conditions or disabilities that cause lack of, or inability to sleep.

The ADA also requires that your disability substantially affects your ability to do your job. While this is usually the case for sleep disorders, there have been cases where someone had a sleep disorder, but because they could still generally do their jobs, no accommodation was necessary. This determination is made on a case by case basis.

The Employer’s Perception

Of course, many employers will look at someone with chronic insomnia, which of course leads to chronic fatigue when awake and at work, and say that the employee isn’t disabled, he or she is “just tired,” or that the employee “should try going to sleep earlier.”

What Kind of Accommodations?

An employer is required to provide reasonable accommodations at work for any disability that you have, to allow you to do your job with a disability. With insomnia and sleep disorders, this may include accommodations such as:

• Coming into work late, or flexible hours
• Allowing extra days off of work
• Allowing longer or extended break times

There are some times, and some professions, where accommodations may not be possible; for example, imagine an airline pilot, who clearly cannot show up late or have flexible hours, or be allowed some extra time to rest. In these cases, there may be legal issues as to whether there is any accommodation which can be made, to allow you to do your job.

Discussions With Your Employer

Under the ADA, you have no legal obligation to disclose the entirety of your private and protected health information with your employer.

The same goes for sleep disorders, but because sleep disorders are misunderstood (and sadly, often thought of as just “being tired” or “lazy” by employers), it may be a good idea to explain to your employer in as much detail as you’re comfortable providing, the nature and extent of your sleep disorders.

Contact the San Jose workplace disability and ADA rights attorneys at the Costanzo Law Firm today for help.

Source:

businessmanagementdaily.com/73436/is-insomnia-a-disability-ada-eligibility-and-accommodations/