Unable to leave building for lunch...

[Funkymiss187]

I recently finished orientation for a new job at a psych facility. During orientation, we were told we must take our lunch break (30 minutes UNpaid) in the break room of the unit that we are assigned to. My hand instantly went up to ask why, if we are on an unpaid lunch break, can we not leave. The HR person replied that staff was taking too long coming back from fast food places and also because anything can happen on the unit and they may need you to help.

I typically take my break AWAY from all the chaos, so I asked if I could at least spend the 30 minutes in my car. The HR person said NO. We are literally not allowed to physically leave the building , even though we are on an UNpaid break.

Is this legal? And how do I bring it up to my employer? Not to be an absolute pain, but my break is my business and I should be able to sit in my car and nap or do whatever while I'm off the clock. What are your thoughts ?

Each unit has one RN, one LPN, and one CNA. I'm an RN, but nobody else is allowed to leave the building either for breaks, regardless of title.

[JBudd, MSN]

If you're off the clock, you're off the clock. Sounds like they want you to be "on call"... which you should be paid for. Do you have a union? Can you call your state labor board?

[TheCommuter, BSN, RN]

Employers can require you to remain on the premises for paid breaks, but not unpaid meal periods. What you do on your unpaid time is your business as long as it is not unlawful.

If they want to dictate that you take all your lunch breaks in the break room just in case 'help' is needed, they need to cough up the money to ensure these meal periods are paid.

[Funkymiss187]

No union. Live in FL and that's pretty much unheard of in my area. As far as "on call", they pretty much want you to be within arms length of the unit in case something happens. The unit is one RN, one LPN, -!: one CNA . I'm the RN.

[Funkymiss187]

That's how I feel. I feel it should be paid if you're going to have 100% access to interrupt me. That's not really considered a break.

[xoemmylouox, ASN, RN]

Where I work I am literally the only healthcare provider in the building so I cannot leave for my Unpaid breaks as well. For a long time I just kept marking that I didn't get a break, but they don't want to keep paying for these times because "it looks bad". Give me a break. Your employer is trying to control you and they don't want to pay for it. If you like the job stay, if not start looking elsewhere. I know I am.

[Funkymiss187]

Its PRN for me, although I will be doing 12 hour shifts 1-2 times a week, depending on if I like it. I guess I could just shut up and accept it, but it feels wrong.

[Cat365]

I had that same discussion with my coworkers. Luckily not management.

[NuGuyNurse2b]

Don't know why you would raise your hand to ask that. Safest bet was to just do it and then feign ignorance if they brought it up to your attention. After all, I doubt they have it written for Unpaid breaks that you can't leave.

[caliotter3]

We can not leave the premises for our lunch break in extended care home health. We are told to bring our lunch and to eat nearby so that we can attend to the patient if an emergency arises (often the nurse is the only person in the house besides the patient). Employers tell us that is why our lunches are paid. No one questions it. In your case, there are others that can be left in charge while one leaves the premises. I would consult with the Labor Board to find out if this policy is lawful.

[NicuGal, MSN, RN]

When they told us we couldn't refuse phone calls from parents, etc while on lunch in our breakroom, we started signing no lunch. That stopped pretty quickly.

[LoveMyBugs, BSN, CNA, RN]

My facility non Union required that our security officers respond to every call even while on lunch.

the officers railed together and now they work a straight 8 hrs fully paid for and have been told to eat when they can, no more unpaid lunches for them