Do I have an ethical obligation to admit I’ve been falling asleep on the job?

Question

TL;DR

Do I have an ethical obligation to report myself to my manager for falling asleep on the job (in a remote work situation?) It is not intentional but it is unfortunately happening; the drowsiness is a medication side effect. I’m wondering if I’ve committed a serious offense (or even a crime) and have an ethical obligation to report myself.

More details

I have bipolar disorder. I finally found a medication that treats my manic episodes (periods of high mood along with other symptoms). However this medication also causes drowsiness as a side effect.

At my previous remote work job (which I started soon after beginning this medication), I would attend my morning stand-up meeting and then fall asleep at my desk for a solid 2 hours, because of the drowsiness-inducing effects of the medication. Despite feeling bad about falling asleep during regular work hours, I counted that time that I was sleeping as time worked. I could have tried to work later in the day to make up for time sleeping at the beginning of the day, but it didn’t seem very doable because there was no one to collaborate with when I got stuck. After 9 months of working at the job, I felt guilty and admitted to to my manager that I was counting hours that I was sleeping at my desk as hours worked, on my time sheet. She contacted a company ethics committee, which met with me and told me that I had committed timecard fraud. And they fired me.

As I was looking for a new job, a recruiter asked me about my experience at my last company and encouraged me to downplay the reason it ended, and told me if I ever fell asleep at this job, to just work later in the day to make up for it. I interviewed for the job, received an offer, and accepted it (it is my current job).

Sad as it seems, I have fallen into the same rut at this new job. I’ve had the job for a year. I have attended morning stand-up meetings and then gone back to sleep for a couple hours (this time actually going back to bed instead of sleeping at my desk like I did at my last job). I had good intentions of working later in the day to make up for it, and for a while I did, but then I stopped. It is difficult for me to stay motivated when I have no one to ask questions to.

I am now entering a phase where more output will be expected of me (I work in software and for a while I have been maintaining existing code but now I will be doing that in addition to writing new code). I’m wondering if I will be able to keep up.

Also, like at my last job, I feel guilty again that I have been sleeping on the job. And I’m wondering if I should admit it like last time. However I know that didn’t end well. There were consequences. Because of that, I’m considering just making a new effort to keep track of time carefully and work later as needed. And be diligent about it this time. However the perfectionist in me wonders if I should not be running away from consequences if they are “fair”. Seems like we teach kids that there are consequences for every action but then as adults sometimes we try to run away from them.

When I talk about this with family members and friends I get mixed responses. My dad tells me that ethics aren’t as black and white as they talk about in Sunday school (we have a religious background). One of my siblings points out that I have some anxiety or even OCD and suggests that maybe I shouldn’t base my response to this situation based on those instincts.

I have a friend who suggests I just focus on moving forward and give myself grace. She also suggested I could ask for a “reasonable accommodation” in the form of a schedule that allows for a nap during regular work hours.

If I focus on moving forward, and I’m successful, then my company gets to keep me and that does seem like a win.

What is the right thing for me to do, all things considered? Admit sleeping in the job, or leave it behind me and move forward with a solid plan?

EDIT: In answer to some comments/answers, I have talked with my doctor about addressing the medication side effects. The medication causing the drowsiness is an antipsychotic. It’s a medication that is supposed to treat symptoms of psychosis, which can occur in people with bipolar or schizophrenia. First we tried getting off the antipsychotic causing the drowsiness (using a long-term tapering process) while staying on a mood stabilizer medication. When I did that the symptoms returned. Then later we tried a different antipsychotic. When I did that, I started experiencing sleeplessness (difficulties staying asleep at night…) That was a major symptom I struggled before taking medication… it seems like the current medication just works a little too well at keeping me asleep. it’s hard to find the right balance. The next thing my doctor and I talked about is trying a lower dose of the same antipsychotic. The thing is that it treats the psychotic symptoms really well. While on it I’ve never had the terrible symptoms I had before starting medication.

Answer 1

To sum up this rather lengthy post, as it will make providing the answer easier.

• You are sleeping through 1/4th of your working day
• You continue to put that time on your timesheet as working hours
• You do not make up for this time at end of the day either
• The current company doesn't know that any of the above is happening
• You already got summarily fired from previous company for timesheet fraud after doing exactly the above.

And now you are asking:

What is the right thing for me to do, all things considered? Admit sleeping in the job, or leave it behind me and move forward with a solid plan?

The right thing was to tell the company right out of the bat that you may need a 2 hour nap in the morning and work out with them on reasonable accommodations. This is something that almost certainly could've been easily worked out, in the end somehow everything is happening despite you missing the two hours now. This is not something you disclose before being hired (usually in 1st world countries, but local laws may vary) but day 1 is usually the best time to get all that sorted out.

Now your situation is extremely more complicated and that's out of your own failings on multiple levels. And while falling asleep is hardly your fault, the following lies and billing your nap time as work time is squarely and entirely on you. You need to understand and embrace it, there's no really good excuse for doing so anymore, especially not after being fired for exactly that. Can't claim that you didn't know, at least not to yourself even if you could lie to others about it.

So the right thing to do now would be to come clean and hope for clemency. It may happen, it may not, no one knows, but you are the one in the wrong here in this whole situation. Cannot even claim ignorance anymore, you were fired previously for doing exactly that.

So with that sorted, let's get to the meat of your question, which is not about what is the right thing to do but:

How to get out of this mess in a way that won't get me marked as some sort of a cheat, and also lets me keep the job.

You will have to come clean about your medical condition and the whole situation.

You will want to do this directly with HR, or whomever is doing the HR in the company. When coming out I would avoid being specific about how long it was happening, instead keep it vague, something along the lines of "for a while now, with the mix of new meds, I struggled to stay awake in the morning, sometimes falling asleep. I'm sorry that I didn't raise it asap, but I wanted to confirm it's the meds, not just me not getting enough sleep." and then take it from there.

At all cost avoid admitting the full truth, stick to being vague, do not give dates, and focus on how can we work it out going forward. Feel free to use "I don't feel comfortable discussing this" as a way to deflect questions.

It's a bit sleazy but it should work. Ultimately it lets you come out clean, but also controls the damage and with the right words and honesty behind it it may just work out for you.

Most importantly going forward you have to stay honest about this situation, whether with this or future employers, as this really didn't have to be so complicated.

Answer 2

I'm going to disagree slightly with TP's answer:

If you are being paid by the hour, then yes, you need to discuss this with management. They may be able to take some of it out of your sick time or vacation time, or may just cut you some slack if your productivity is high enough during the hours you are awake. If you can eat while working, you may be able to use your lunch break to nap. You may be able to call it "flex time" and make up the hours later in the day. But you can't bill nap time as hours worked without some such arrangement.

If you are on salary, you should still discuss this with your manager, but they have more options. They can decide that what they are really paying you for is productivity, and that if you are still getting the job done well (including being responsive when they need you), when you get that done doesn't matter so much. If you can accomplish in fewer hours at the desk everything that you did in a full day, or at least enough to get a "meets or exceeds requirements" perform rating, that may be good enough for now.

Having been through two periods of medical exhaustion myself (severe depression, and heart attack recovery), I want to offer some coping strategies even though you didn't ask for them:

1. Try doing meetings while standing. Or try taking detailed minutes during meetings. Either may help you stay focused. Getting up and moving around a few times during the day can also help maintain overall alertness.

2. Try shortening those naps. Set an alarm. A half hour may be all you really need. And as noted above, you can nap on your lunch break and eat at your desk...

3. Make sure you are getting enough sleep overnight. That probably won't eliminate meeting fatigue but it will help with (2).

4. If not medically inappropriate (ask your doctor), caffeine before the meeting can help. Try not to caffeinate in the several hours before bedtime.

5. Have you spoken to your doctors about this? They may be able to adjust medications. In my case, we were able to reduce one which tends to cause drowsiness while increasing another which tends to be "activating", reducing side effects overall and improving my ability to stay alert through meetings.

6. On antidepressants, there's a notable difference between "it's helping" and "hey, I finally had a day when I felt good again", which seems to be a combination of dosage and time. It may take some work and adjustment, but it can get better.

Answer 3

First and foremost, have you tried scheduling your dosage so that the extreme drowsiness occurs at a more convenient time? Maybe wake up at 4am or 5am, take the meds, and go back to sleep.

Do you have an ethical obligation to turn yourself in for sleeping? Well, we all gotta eat but in general we do have an ethical obligation to not commit timecard fraud. The amount of time I've seen pissed away on YouTube/Facebook at work makes your nap laughable.

Overall, you should talk to your doctor about this issue first. Based on their recommendations you can make a case for health-related accommodations with your employer; I hope they respect medical issues.

Answer 4

Can’t you change your contract to (officially!) work fewer hours for a corresponding decrease in salary? Of course you’ll earn less, but at the same time you wouldn’t be committing fraud.

Depending on in which country you are working you might also be eligible for (paid) sick leave, early retirement or some other option.

Answer 5

This answer is highly dependent on where you work, but many countries offer a medical waiver of sorts that give you some legal protections for your job, and justification to create an alternate work schedule if necessary. Or just some understanding and patience.

Most of the answers so far focus on what you can change and control. Those are good suggestions. Certainly you should try coping with this drowsiness, but it seems like you've been trying to cope for a long time. This issue caused you to get fired, and the potential for that thing happening at your current job is pretty high.

The Family Medical Leave Act (FMLA) in the USA grants you legal protections for your job. If you do not live in the USA, whichever country you live or work in might have such protections under a different name. Find what this is in your country and apply for it.

Legal protections like FMLA not only protect your job, but can give you some flexibility in your schedule. Perhaps you can work 8 hours per day, just not 8 hours in a row. You could work with HR to formulate an alternative work schedule that allows for a one or two hour nap in the afternoon in exchange for a longer work day. Medical leave does not necessarily need to be all day. FMLA can be "intermittent". You can take parts of a day off for appointments or things like drowsiness.

You will need to work with HR and your doctor to fill out the required paperwork. Be honest and clearly state to all parties involved what your challenges are. No use in hiding this anymore. Hiding your medical condition and the side effects are doing more harm than good.

As for your current situation, get your medical waiver paperwork in order first, which will likely include contacting HR. Explain the situation honestly. Most people and organizations will be much more understanding once they know a legitimate medical condition is the root cause rather than laziness or fraud.

Answer 6

It is a cultural issue. Taking a nap during work hours is something that is cherished by many people all over the world.

What ever you do next, first off all don't incriminate yourself in front of your employer. They will not reward you for your honesty, that should be obvious to you by now.

Your wellbeing comes first! If you are tired, take a nap, you will be more productive afterwards.

Answer 7

Contrary to popular belief the exact wording the ninth commandment is not "Thou shall not lie" but "Thou shalt not bear false witness against thy neighbour". Therefore this commandment only specifically forbids lying in court. So lying in other situations is not by definition wrong.

In an ideal world maybe everybody would speak the truth all the time (even that would be debatable). However in the real world you just have to lie/omit the truth sometimes to protect yourself, just like everybody else.

Back to your particular situation, admitting without being asked that you sleep a part of the workday is a very stupid idea. Don't do it, nothing good can come of it. Even if your manager suspects it, saying it without being asked might force him/her to action which when unspoken would be unnecessary.

You didn't mention any criticism you received in your new job, so your performance so far might not need be all that bad. I think the only thing you should thinking about right now is how are going to keep up with the increased expectations you are anticipating.