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What is the Law for Nurses taking breaks?



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  #11  
Old Apr 27, 2008, 01:03 PM
herring_RN's Avatar
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Join Date: Mar 2004
Re: What is the Law for Nurses taking breaks?

Set an alarm so you wake up and return to duty on time.

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  #12  
Old Apr 27, 2008, 03:17 PM
Registered User
Join Date: Aug 2007
Re: What is the Law for Nurses taking breaks?

Whilst we are all concerned re.the OP's management trying to set out what can be done during your off clock break . The OP should be firmly questioning her union as to why they would enter into such an agreement , and remind them they are supposed to represent the best interests of their members. What union is this ?

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  #13  
Old Apr 27, 2008, 04:50 PM
Halinja's Avatar
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Join Date: Aug 2006
Re: What is the Law for Nurses taking breaks?

Wow, an hour for lunch? And BREAKS? What are those!?!

I worked a busy L&D unit myself, up until last week. We were lucky if we got our half hour, and sometimes would 'break ourselves', ie, go to the break room to grab a bite to eat but watch the monitor.

If we were truly on our lunch break, unpaid, then what we did would be our own business. Without any right of anyone to tell us what that could be.

BUT. I have to say something. You say you take your hour lunch and two 20 minute breaks all at once and stay gone two hours. Er, that is not one hour and 2 breaks. That is 1 hour and THREE 20 minute breaks. So maybe the management is feeling taken advantage of? Not to mention that seems a bit hard on the person who is covering their own patients and yours for two whole hours.

I've worked five and six twelves in a row on the unit. I got darned tired. But we never had a CHANCE to lie supine during lunch. It was choke down what you could and get the heck back out there. An hour would have seemed like total heaven.

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  #14  
Old Apr 27, 2008, 05:49 PM
sweetspirit (Female)
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Join Date: Apr 2008
Re: What is the Law for Nurses taking breaks?

I agree with the What Breaks? as above!!!!! Where I work we are lucky to not literally engulf our lunch in 5 minutes!

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  #15  
Old Apr 27, 2008, 06:07 PM
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Join Date: Aug 2007
Re: What is the Law for Nurses taking breaks?

Originally Posted by Halinja View Post
Wow, an hour for lunch? And BREAKS? What are those!?!

I worked a busy L&D unit myself, up until last week. We were lucky if we got our half hour, and sometimes would 'break ourselves', ie, go to the break room to grab a bite to eat but watch the monitor. This is not a break , you are still fulfilling duties , so you should be paid for this time

If we were truly on our lunch break, unpaid, then what we did would be our own business. Without any right of anyone to tell us what that could be.

BUT. I have to say something. You say you take your hour lunch and two 20 minute breaks all at once and stay gone two hours. Er, that is not one hour and 2 breaks. That is 1 hour and THREE 20 minute breaks. So maybe the management is feeling taken advantage of? Not to mention that seems a bit hard on the person who is covering their own patients and yours for two whole hours. the heading says you are from the west coast , if that is California , inaccordance to the staff ratio law , you cannot be relieved by somebody who has their own assignment as that puts them out of compliance with the ratio . you should be relieved by a nurse who has no assignment . Kaiser hospitals have relief nurses to fulfill this role ( at least where my spouse works )
I've worked five and six twelves in a row on the unit. I got darned tired. But we never had a CHANCE to lie supine during lunch. It was choke down what you could and get the heck back out there. An hour would have seemed like total heaven.
If nurses continue to allow management to not facilitate breaks , they increase there liability and sure as heck when a problem arises management will say staff should have said they needed a break , or the old fall back of questioning your poor time management .

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  #16  
Old Apr 27, 2008, 07:56 PM
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Join Date: Jan 2006
Re: What is the Law for Nurses taking breaks?

Originally Posted by Ginger45 View Post
What breaks?
Gotta agree here-what breaks??!! I once worked in a busy outpatient unit, and was told to 'keep granola bars in your pocket' if I needed to eat, per my manager!! Amazing!

UnitRN01

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  #17  
Old Apr 28, 2008, 12:34 AM
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Join Date: Feb 2006
Re: What is the Law for Nurses taking breaks?

Gimme a break. It's busy everywhere in the hospital. Who has a slow floor or unit every night? I've done 6 nights in a row before and never slept. It's no different than working several 12's in a row on days. If you do nights, get used to nights.

I've never worked anywhere that anyone had time to take a siesta. In regard to the actual question, I have no idea since I'm not a union member. Do you get paid for your breaks? Do you have to clock out for your breaks?

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  #18  
Old Apr 28, 2008, 11:11 AM
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Join Date: Aug 2007
Re: What is the Law for Nurses taking breaks?

Originally Posted by OkieICU_RN View Post
Gimme a break. It's busy everywhere in the hospital. Who has a slow floor or unit every night? I've done 6 nights in a row before and never slept. It's no different than working several 12's in a row on days. If you do nights, get used to nights.
Agreed , to a point , ie.if you do nights , get used to nights .Disagree that it is no different , than several days in a row . We are basically wired to be active during the day ,when you go against the natural rhythm ,swapping from sleeping during the night , to day and back to night , a lot of stress is placed upon you .
I've never worked anywhere that anyone had time to take a siesta. In regard to the actual question, I have no idea since I'm not a union member. Do you get paid for your breaks? Do you have to clock out for your breaks?
It's a matter of law (not whether you are in a union or not ) that working a 12 hour shift you should get a break of 15 minutes every 4 hours and one 30 minute break for a meal . So in a 12 hour shift you should receive 1 hour in breaks .
If you wish to check what law is applicable , this has been discussed in previous threads , do a search . I'm too tired , having worked last night ( and having stayed awake ),to dig up the details.

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  #19  
Old Apr 28, 2008, 11:13 AM
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Join Date: Aug 2007
Re: What is the Law for Nurses taking breaks?

Ebeza , I'm still intrigued ,what union was is that agreed to this policy ?

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  #20  
Old Apr 28, 2008, 11:36 AM
Registered User
Join Date: Feb 2006
Re: What is the Law for Nurses taking breaks?

Originally Posted by nicurn001 View Post
It's a matter of law (not whether you are in a union or not ) that working a 12 hour shift you should get a break of 15 minutes every 4 hours and one 30 minute break for a meal . So in a 12 hour shift you should receive 1 hour in breaks .
If you wish to check what law is applicable , this has been discussed in previous threads , do a search . I'm too tired , having worked last night ( and having stayed awake ),to dig up the details.

http://www.dol.gov/dol/topic/workhours/breaks.htm

Unless there is some state regulation that is separate from this....the US Department of Labor states that federal law doesn't require coffee or meal breaks. I don't know anything about NY law.

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