Employee asleep...

[wendys8861]

What is the name of your state? CA

I was wondering how, or if, I can restrict an employee from sleeping while at work.

She, like everyone else, is given two, paid, 15 minute breaks each day. During that time she is in the middle of the office, sleeping. Each break, every day.

The owner of the company noticed her sleeping today and told me he didn't like it and asked me to talk to her about it.

I spoke with her previously about getting enough sleep at night so that she was ready and focused each morning when she reported to work and reminded her that lack of sleep could and probably would affect her job performance. Obviously, she is still not getting enough sleep at night.

My question: Can we restrict what an employee does on their paid 15 minute break? If she MUST sleep and we must allow her to, can we suggest she do it in her car, away from the work environment?

Please advise!

Thanks....

Think I need a nap now!!!!!!!

 

[moburkes]

You can tell every employee that they are not allowed to sleep at work. This person can take her break in her car, if she's like, but she cannot sleep at her desk.

 

[cbg]

You are not obligated to allow her to sleep at work, even on her break. It is her responsibility to get enough sleep at night. It is not yours to provide her with a means to take naps.

 

[lealea1005]

What is the name of your state? CA

I was wondering how, or if, I can restrict an employee from sleeping while at work.

She, like everyone else, is given two, paid, 15 minute breaks each day. During that time she is in the middle of the office, sleeping. Each break, every day.

The owner of the company noticed her sleeping today and told me he didn't like it and asked me to talk to her about it.

I spoke with her previously about getting enough sleep at night so that she was ready and focused each morning when she reported to work and reminded her that lack of sleep could and probably would affect her job performance. Obviously, she is still not getting enough sleep at night.

My question: Can we restrict what an employee does on their paid 15 minute break? If she MUST sleep and we must allow her to, can we suggest she do it in her car, away from the work environment?

Please advise!

Thanks....

Think I need a nap now!!!!!!!

We had a similar situation in our very small office. I handed her a timer and had her take her nap in her car.

 

[cbg]

I just want to make sure it's clear.

You MAY allow her to take a nap in her car if you choose to. You may ALSO, if you would prefer, tell her she may not sleep during her break, period.

 

[quincy]

This is just a side note:

A not-too-long-ago study showed that employees were more productive if they were allowed restorative naps during the work day. One rather large company here in Michigan not only allows employees to nap on their break time, but encourages them to. In many countries, an afternoon nap is a normal part of the work day.

That does not mean that an employee should be allowed to nap if the employer disapproves....it just means that it would be silly for an employer to disapprove of naps entirely if it meant a healthier and more alert workforce.

 

[cbg]

It would appear from what has been posted, however, that in this situation it is a case of the employee staying up too late and then trying to catch up on her sleep while she's on the job. Which is entirely on the employee. I see no reason why the employer should have to let the employee do her sleeping on the job instead of at home at night.

 

[quincy]

I agree that an employee should not do all of their sleeping at work, but most Americans do not get enough sleep, even when they try. And there is a natural dip in energy and alertness after lunch. A midday nap can improve one's performance on mental tasks, motor functions, lower cardiac risks, reduce stress, and aid in productivity, while at the same time leading to greater employee satisfaction - that is all I am saying. Two fifteen-minute naps (while, admittedly out of place in the middle of an office) can lead to benefits for the employee as well as the employer. I guess it would really depend on how productive the employee is before and after these naps. If she sleep-walks through the rest of the day, then she obviously needs to change her at-home sleep habits.

 

[cbg]

The original post seems to suggest that there are already productivity issues, which the the basis for the stance I have taken.

 

[lealea1005]

In my case, the employee fell asleep at her desk in view of patients coming into the office. She had a habit of staying out late with her friends and came to work unprepared. It was unprofessional and unacceptable. Luckily, she got the mesage loud and clear when I handed her the timer and told her to make sure she was back on time from her break. Good luck with your employee, OP.

 

[Beth3]

Wendy, I agree with cbg. You certainly may prohibit this employee (or any other) from sleeping at her desk, in the building, or during work hours entirely - including breaks. If you should decided to address this as a policy issue for everyone, the wording I suggest is that sleeping during working hours or the appearance of being asleep during working hours is prohibited. (You don't want to get into an "I wasn't asleep, I was just resting" debate with anyone.)

Evil idea - if you do allow her to sleep in her car during breaks, the first time she oversleeps (which is virtually guaranteed), head out to her car with one of those incredibly loud and obnoxious "AAOOGA" horns (the kind heard at football games) and give her a blast. That ought to take care of her napping problem.

 

[wendys8861]

Employee Sleeping

Thank you everyone for their replies.

This particular employee is quite young and obviously needs to change how late she stays up each night. She says she has trouble getting to sleep at night. I suggested perhaps a visit to her doctor might help her to uncover why she isnt' sleeping. I've spoken to her on a few occasions regarding this, but it falls on deaf ears. Now that the owner of the company has taken notice, and she is aware of it, I hope she'll get the picture!

Our office is really lax on alot of things and there is a rare occasion where an employee will be in the lunch room on their lunch, watching TV and doze off. That's usually not a problem. With THIS employee, however, it's FREQUENCY that is the problem and the fact that she's sleeping in an area that is a high traffic area.

While I agree that mid afternoon naps can revive a person and give them a new energy, unfortunately, I don't feel that is the case here. She has made alot of careless mistakes simply because she is tired and unable to focus.

I do like the suggestion to allow her to sleep in her car and then when she's late returning back to work, rustle her awake with a loud horn! I think I shall try that!

Thanks again everyone for your suggestions. I'm gonna go take a nap! : )

wendys8861

 

[quincy]

A question wendys8861 - In California, I believe, it is a requirement for employers to provide suitable resting facilities for employees, away from their "work stations", to utilize during break times and meal periods. Do you have any place like that for this employee to go to during her break? Also, I do not believe, unless it is written in an employee handbook or something, that an employer can dictate what someone does during their lunch period or break time. There may be exceptions that I am not aware of, however, and this information was obtained after only very brief research on the matter.

Oops, you posted at the same time I did and answered the questions. Sounds like you have all the answers you need .

 

[cbg]

FYI, an employer can certainly dictate whan an employee can do and not do on their paid breaks. There may, depending on state law, be restrictions on what the employer can require on an unpaid break, but not when the employer is paying for the time.

 

[quincy]

California labor laws say that employees must receive a minimum 30 minute lunch break if they work in excess of 5 hours and that during this time the employee must be relieved of all work duties. If an employee takes a lunch break off the premises, the employer cannot dictate what that employee does. Mandatory rest breaks are also required if someone works over 3 1/2 hours, and the rest breaks must be paid. Suitable "resting facilities" must be provided away from the work area. I suppose that during these rest breaks an employer could tell the employee what he can and can't do, but certainly the break would be less restful that way

Anyway, my whole purpose of posting originally was to mention, as an aside, that napping was good - I know very little about employment law, but I do know my naps!