Legal Question in Medical Leave in Pennsylvania

Re: sleep disorder

You asked about Family Medical leave Act and sleep disorders.

First off, is there some reason you felt the need to post this 10 times in different phrasing. This service is free because the lawyers feel that they can do some good with a little commitment of time and possibly get some clients from it. Such repeated postings are abusive.

Sleep disorders MAY qualify as a disability depending on the nature and severity of the disorder and whether the person is being effectively treated. This would require the employer to investigate reasonable accommodations per the Americans with Disabilities Act. No disability allows an employee to dictate what accommodation is reasonable but rather this is an iterative process between employer and employee.

FMLA leave is unpaid time off and is meant to take care of personal or familial medical issues. An employer can have a policy that FMLA must be requested ahead of time and only except for acute situations. To my knowledge FMLA leave would not be appropriate in the circumstance and swapping to a day shift may not be a reasonable accommodation under the ADA.

I have expertise in helping employers deal with compliance and particularly ADA matters. I also am very familiar with sleep disorders and would be glad to consult with either the employer or employee to resolve this matter.

If either party would like to arrange a consultation they should contact me directly.

Regards,

Roger