Come To Work And…Get Some Sleep?

Once upon a time, falling asleep at work was one of the best ways to get fired. Now, however, snoozing employees may not just have to be tolerated, they may need to be paid as well!  How did we get to such an absurd point?

First was through the courts' interpretations of the Americans with Disabilities Act. That law has been applied not just to substantial disabilities but to many common health conditions as well, such as sleep apnea. It also has been applied to the side effects of medications taken for disabilities such as depression and other mental disorders.

In addition, several courts have held that misconduct caused by a disability must be accommodated, at least where it does not involve a direct threat to the health or safety of the employee or others. Therefore, an employee with sleep apnea, or whose sleep cycle is affected by anti-depressant medication, cannot simply be fired for nodding off at work in most jobs.