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Fired from my job from Sleep Apnea, need advice to get it back.

I need help preparing for a hearing that I'll be having soon to get reinstated in my elementary school teaching job. I was put on "administrative leave" January 18, '12. I have overslept over the last 15 years about 1 time per year, maybe twice and now as of the last 3 years, about 3 to 4 time. My district administrators say that because of the kind of job I have, having to be there on time for my students, they believe that I am unfit for my duties as a teacher. They plan to dismiss me. 

   My union has told me that I've been offered a settlement: pay to the end of the school year, and benefits until the fall. 

    I don't want that. I want to be back in my classroom. Can you tell me what I can do to fight this? 

    I've been on C-PAP since late October, did oversleep twice with the machine right after the beginning of using it. I have had changes in pressure made by the sleep lab, I changed the size of my nasal pillow (mask) and the results show that I am responding excellently to the machine. 

    I have a doctor's signed letter discussing the effects of OSA, one from my doctor that states I am fully able to work, without accommodations,  and a form that says that I'm responding excellently from the therapy. 

     I will do whatever it takes to get my job back. Please help. 

                                                                            Barbara 

   

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a sick note means you still have a job to go back to unless something catastrophic happens

What kind of job do you have that you can constantly be late for whatever reason.



allan flanz said:

 I DO NOT KNOW WHAT STATE U LIVE IN BUT THAT CANNOT DISS MISS U FROM UR JOB   FROM OVER SLEEPING AND BEING LATE   FIGHT IT !!!!!!!   GET UR UNION REP LAWYER 

Have you seen an attorney?  If this is the only complaint, it should be covered under Intermittent Family Medical Leave and Accommodations for disabilities.  (I'm assuming this all happened before you knew what was going on, and subsequently completed 6 months treatment).  I am very sorry you are experiencing this.  Teachers who love teaching are really needed.

One would think that a CA school district would diligently adhere to the process of oral, then written, then final warnings related to tardiness. If a teacher was late (how late?  I had a boss who docked employees for ONE minute late!) ONCE every year for the last 15 years, the district should have sent out warnings well before the Admin Leave. Obviously, I don't have all the facts, but it sure seems like harassment either based on age, disability or job competition. Just as Pamela noted, in CA, you can use CA Family Medical Leave or the Federal ADA  with the doctor's note that you have already submitted. Have you spoken to HR?

If someone encounters this problem in the future- a health condition which impacts job performance (and being on time qualifies as job performance)  it might be helpful to get human resources involved, or your union rep, from the beginning.  Tell them you have a medical condition that may cause you to oversleep and you are gettting treatment.  Take in documentation.

whatever the outcome we are interested to make a positive case for future reference

do we know of past cases to add to the pile and we need to keep a repository of such cases

Barbara - I'm going to play Devil's advocate here - You need to get a screamin' meanie alarm clock available from any truck stop, and put the thing on the far side of your bedroom where you HAVE to get up and out of bed to shut it off before the neighbors call the cops on you. It's THAT loud. My first knee-jerk reaction to your dilemma was to side with the board of education. BUT - the few times you have overslept does not warrant this severe of a punishment.

So - no more excuses. Do you want to keep your job or don't you?

Do whatever it takes to get your feet on the floor and your butt out of that bed. :)
On the mornings when I absolutely MUST be somewhere on time, I arrange for a friend to call me. and KEEP calling me until I answer. Another trick - set up your coffee pot to start brewing about 30 minutes before your alarm goes off. The SMELL really helps with the waking process.

The biggest and best thing you can do is move your alarm clock to where you can NOT reach it without getting up and out of bed.

Good luck. Hugs!

my mother arranged with the steam railway engine driver to blow his whistle on his engine as he was shunting coal up and down the line just to wake my brother for work

i did one better and put the alarm clock outside the bedroom an on a metal plate

my brother would not talk to me for ages

this was i think 1n 1960s

I will keep you posted on what happens with my case. I believe that we're going to try to settle this without a hearing, but if needbe, a hearing will most likely happen in late March. I do have my union attorney on the case, a regional union rep and my school district union rep. I would love to hear if anyone else has had this problem. 



99 said:

whatever the outcome we are interested to make a positive case for future reference

do we know of past cases to add to the pile and we need to keep a repository of such cases

Thank you.

Kate said:

Barbara - I'm going to play Devil's advocate here - You need to get a screamin' meanie alarm clock available from any truck stop, and put the thing on the far side of your bedroom where you HAVE to get up and out of bed to shut it off before the neighbors call the cops on you. It's THAT loud. My first knee-jerk reaction to your dilemma was to side with the board of education. BUT - the few times you have overslept does not warrant this severe of a punishment.

So - no more excuses. Do you want to keep your job or don't you?

Do whatever it takes to get your feet on the floor and your butt out of that bed. :)
On the mornings when I absolutely MUST be somewhere on time, I arrange for a friend to call me. and KEEP calling me until I answer. Another trick - set up your coffee pot to start brewing about 30 minutes before your alarm goes off. The SMELL really helps with the waking process.

The biggest and best thing you can do is move your alarm clock to where you can NOT reach it without getting up and out of bed.

Good luck. Hugs!

Wow. Those were great ideas!

99 said:

my mother arranged with the steam railway engine driver to blow his whistle on his engine as he was shunting coal up and down the line just to wake my brother for work

i did one better and put the alarm clock outside the bedroom an on a metal plate

my brother would not talk to me for ages

this was i think 1n 1960s

My alarm clock sets outside my room as well. I am the type of person that will hit snooze and then sleep through the alarm. Now I have to get up to turn it off. This really helps.

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