[bollweevil]

Originally Posted by HonestRN

From: http://employeeissues.com/breaks_meals.htm

"The 21 states listed below have laws that include some sort of provisions for work breaks. Of the 21 at this writing, only 19 specifically require a rest or meal break for adults, while only 7 specifically require a rest break in addition to a meal break for adults. Vermont nonspecifically requires only "reasonable opportunities to eat and use toilet facilities." Wisconsin requires meal breaks only for workers under 18 and simply recommends them for 18 and over.
State law provisions for work breaks and meals mentioned on this page might not apply to all employees in a particular state. Click a state below for specifics.
California
Colorado
Connecticut
Delaware
Illinois
Kentucky
Maine
Massachusetts
Minnesota
Nebraska
Nevada
New Hampshire
New York
North Dakota
Oregon
Rhode Island
Tennessee
Vermont
Washington
West Virginia
Wisconsin

Now it doesn't matter if your state has laws mandating lunch breaks, what DOES matter is if they are deducting the break when the employee DOES NOT get it. Every state requires that you get paid for all time worked. Period.

I just looked at the site you link to above. It is most interesting. It is also so very sad that anyone could possibly think it is morally right or even good business sense for those motivated by $$ and not by more humanitrian concepts to NOT see to it that one's employees are able to use a toilet, take in some nourishment, rehydrate themselves, and even make a necessary phone call once in a while on a break. With kids in day care, cars in the shop, and so many, many other concerns on workers' minds, I think that wise if the employer who sees to it that employees get to deal with vital personal issue. Yes, I know this can easily get out of hand and honorable employees must regulate themselves to not abuse this freedom. I guess I'm thinking that most workers will bend over backwards for a decent, reasonable, fair boss. I know that isn't necessarily so but I believe in fairy godmothers, too.

[agent66]

Originally Posted by Jolie

It is my understanding that federal labor law requires a 15 minute paid break for every 4 hours worked. That amounts to 45 minutes in a 12 hour shift. If you take more than 45 minutes, your employer can deduct that time from your pay, which many employers do if you have a custom of taking a 15 minute break plus an hour lunch in 12 hours.

On the other hand, if you get less than 45 minutes of break time in a 12 hour shift, there must legally be a mechanism for you to notify your supervisor so that you are paid for that time. This may involve clocking in and out for breaks so your break time is documented, or having a supervisor sign your time sheet to indicate that break time was not taken due to high workload.

At our hospital for a twelve hour shift we get 45minutes paid and 45 minutes unpaid as per the union contract. 15minutes coffee , 30min lunch and 15 minute mid afternoon , 30 minute supper. The afternoon break never a consideration so lumped into a 45 minute supperbreak. Our difficulty comes when we miss supper break and try to sign in for overtime since it was missed, management argues that it is unpaid and therefore do not have to pay OT on it. So basically the issue goes to the fact that you have to take your break and stay after hours to finish the work, which of course no one is going to do right? I think in the long run it all works out anyways for there are days we have certainly taken longer than 15 minutes for coffee and 30 for lunch. Nights however when it is so busy that there is no break at all, i don't hesitate to sign in for the OT.

[herring_RN]

Missed breaks cause fatigue, accidents, and errors.
As patient advocates it is important that we take our breaks.

[mercyteapot]

Originally Posted by GoldenGirl22

I am a Nurse Tech (EMT) for now, I start nursing school in 3 weeks. We are supposed to get breaks: 2 15 minute breaks and 1 30 minute break per 12 hour shift. Well this never happens, but it never bothered me because almost no one who works in a hospital consistently gets breaks, I'm a realist. The problem is I think the hospital figures the 30 minute break out of my paycheck, which totally isn't fair because I have NEVER gotten close to a 30 minute break. Is this common? What can be done about this? Is it worth the fight?

My understanding is that the short breaks are paid, even if you punch out, but lunch isn't. Under no circumstances should an hourly employee be expected to work through lunch and not be paid. As far as whether it is worth a fight, I'd say that's your decision to make, but my answer would be heck yeah!

[Kyrshamarks]

I would love to meet these "most nurses" who do not take lunch breaks. I have worked 20+ years doing this in many different states and I have always seen "most nurses" take their lunch breaks. I can count on both hands the amount of times I did not get a lunch break. You are responsible for making sure you get your break, not your employer. They give you the time and expect you to take it. It is your fault if you do not use it, not your employers.

[HonestRN]

Originally Posted by Kyrshamarks

You are responsible for making sure you get your break, not your employer. They give you the time and expect you to take it. It is your fault if you do not use it, not your employers.

Actually Kyrshamark my hospital's policy states that the unit director is responsible for scheduling lunch breaks. I have NEVER seen it happen. And most nurses on my floor never get a lunch break due to high acuity patient loads. I have absolutely no problem not getting a lunch break but I do have a problem with "donating" that time. I fully expect to get paid for every minute I work. By the same token I use my work time to work, not waste time. If I have time to take a lunch break and don't take it then I don't fill in a time correction slip.

[sonoran]

Federal labor law does not mandate ANY breaks for adults. States may. Examples: California mandates 15 minute breaks every four hours for adults. Arizona does not require ANY breaks for adults whatsoever -not even lunch!
Your facility may also mandate a certain number of breaks for you. In Arizona, I worked at one that mandated two 15-minute breaks for each 12-hour shift (plus a lunch). If you didn't take the 15-minute breaks, you lost the time. If you missed the lunch, you could request a time correction.

--Bottomline --look at the laws in your state PLUS your facility's rules.

Originally Posted by Jolie

It is my understanding that federal labor law requires a 15 minute paid break for every 4 hours worked. That amounts to 45 minutes in a 12 hour shift. If you take more than 45 minutes, your employer can deduct that time from your pay, which many employers do if you have a custom of taking a 15 minute break plus an hour lunch in 12 hours.

On the other hand, if you get less than 45 minutes of break time in a 12 hour shift, there must legally be a mechanism for you to notify your supervisor so that you are paid for that time. This may involve clocking in and out for breaks so your break time is documented, or having a supervisor sign your time sheet to indicate that break time was not taken due to high workload.

[dialysis12041999]

Originally Posted by HonestRN

At my current hospital the 30 minute lunch break is automatically deducted. If you don't take your 30 minute lunch you must fill out a time correction slip if you want to get paid. I have been "warned" by NM that I have to take a lunch unless I have a compelling reason not to. Most nurses on my unit don't take lunch (no time to) and have given up and just don't get paid. I not only continue to fill in my time correction slips but make copies of them for my personal records. Imagine the money this hospital is making on all the nurses who work through their unpaid lunch breaks!! My last hospital, a magnet hospital, trusted us to punch out for lunch.

I am split on this one. I do know that the nurses and CNA's are very busy. At my facility you are encouraged to take your required breaks and meal periods. They will provide you a slip that you will complete if you don't take a break.You can not use more then 3 slips in a pay period or you have violated their policy.
You must include a really good reason( It was too busy does not work.It has to be several admissions within one hour) for the form to be approved. It never fails when I walk on to the floor and I see CNA's or nurses on line looking up car prices and yet they didn't take a break during the shift.

I have a lot of staff that include not taking breaks or not clocking out and still taking a break to increase their take home pay. I have 11-7a staff say that they dont take breaks because they are scared to go down stairs to the break room. We create bad habits and sometimes they can be difficult to change.
Breaks are importaint because your body and mind (sometimes spirit) needs to BREAK away from work.

[GoldenGirl22]

Originally Posted by HonestRN

Actually Kyrshamark my hospital's policy states that the unit director is responsible for scheduling lunch breaks. I have NEVER seen it happen. And most nurses on my floor never get a lunch break due to high acuity patient loads. I have absolutely no problem not getting a lunch break but I do have a problem with "donating" that time. I fully expect to get paid for every minute I work. By the same token I use my work time to work, not waste time. If I have time to take a lunch break and don't take it then I don't fill in a time correction slip.

Exactly.."donating" is perfect way to put it. My point is not that we don't get breaks. I don't mind working through the paid 15 minute breaks. It's that I'm working without compensation 30 minutes every shift, which really adds up. I'm going to stand up for myself. Thanks for the encouragement everyone! Here I go..

[HonestRN]

Good luck GoldenGirl!! I personally think it's worth the fight but that's me. I hope it works out for you.