The nurse in question is being treated for a medical condition where it can be hard to stay awake or not doze off. One of the nights over this last weekend A co worker found her and tried to wake her with no luck, the co worker then notified the on duty supervisor who woke her up but also notified the unit director about the situation. The unit director contacted HR and informed her that what she did is a suspend able offense according to policy. As of yet nothing has happened as the director was waiting to hear back from HR as to what to do. The unit director now has notified the employee to meet her in the CRC building tomorrow (where HR is located) but hasn't said as to why. with documented proof of other employees of the same unit sleeping as well as documented proof the nurse is being treated for a sleeping condition, is it possible to punish her under PA law?
Based on only what you provided, she is most likely disabled under the Federal Americans with Disabilities Act. Thus she should have told them of her condition ahead of time. Not telling them was a mistake. But if others have the same condition then firing her would be discrimination. However, for safety reasons they can say she cannot do the job she has now. Then she should be prepared to come back with she needs a reasonable accommodation to do her job if there is such an accommodation. She should also ask for a transfer to a position (if there is one) where her condition with a reasonable accommodation would allow her to work. Then if they say no, if she has Short Term disability use it and take FMLA. If she has LTD in her benefits, she should apply for that before they fire her.
What she should do is take a week or two off, with a doctor's note, (must have a note) to get herself back together. She MUST tell them she wants to take FMLA leave.
Then they have to hire her back at her old job or a comparable one.
But in the end, there must be a job that a person who falls asleep from time to time can do, an do safely. That may be difficult to find. But she and you know what positions are at the site, and what the requirements are.
This is a tough call. Good Luck.
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