What is the Law for Nurses taking breaks?

Nurses Activism

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I have a quick ques regarding what constitutes nurses "being on-duty" Recently, our hospital along with "our" union, agreed that nurses on their break are not allowed to rest in a supine position with eyes closed. Subject to termination.

We are really upset about this, since we sometimes work three 12 hr shifts in a row (all night) and are required to work 4 out of 7 once a month. It's a busy L& D unit so you can imagine how busy it can get. My ques is, our contract states "while on duty" we cannot do these things, but... when we are on break, aren't we technically off-duty?

Some of us walk to to get coffee or go meditate in a dark place. Please direct me to who we can get to assist since we are getting no support from our management.

Thanks

How do they know what you are doing on your break?! If you go to your car and drive 5 minutes down the road and nap how would they even know?! Just make sure you set an alarm so you don't oversleep.

And why did your union ever agree to this. I'd be livid and I don't even nap on breaks.

On night shift at one of the LTC facilities where I worked we allowed nursing assistants to combine their two breaks with their lunch break and go somewhere to lie down if they wanted to. At the end of someone's break, someone would go and get them to make sure they didn't get so involved with their break that they forgot to come back to work. Not surprisingly, everyone involved appreciated this practice so much that they didn't abuse it, and it worked very well to improve employee morale. The two rules in effect: someone had to make sure you came back on time and those persons remaining on the floor had to insure that call lights were not neglected. If more places put this in practice on night shift, I think they would find night shift workers in a better temperment. And for that matter, I really don't see why in some instances, the nurses couldn't do it also.

In California it is unlawful to combine breaks and lunch periods. I have worked in some units that have allowed this and then the manager got nailed for violating state law!

The problem falls squarely on whatever the union negotiated into the contract. If your union agreed to terms that are more restrictive than state law, then you have to live with this until the contract is negotiated again. Perhaps you can try to get on the negotiating team next time...

Specializes in ER/EHR Trainer.

If you are paid for break you are ON, otherwise you could walk out of the building-YOUR UNPAID BREAK IS YOURS.

Unions are supposed to advocate for you-you must have the same sub-standard one that serves my hospital.

Anyway, if you are unpaid-I'd consider contacting the state wages and hours, or labor board. This sounds illegal

Maisy

I agree. If your on break, your off! I smoke. If Im outside having a puff, Im not going to hear a code blue. I leave my pts when they are stable...and with a good report, just as all nurses should. If your pt goes sour while your on break....it's my responsibility, because I'm covering you. As long as report is given...I don't see the issue. breaks are required under labour law....no matter what the profession ( Ive dated firefighters and cops...they all take breaks) We need to get over our martyrdom and start advocating for healthy workplaces. A healthy empoyee gives better care!

Your not "on the job" if your not being paid because its a labour law mandated break!

Specializes in Psych , Peds ,Nicu.

It is important to note what flygirl 43 mentioned in response 29 .You should clearly hand over / give report upon your patients when you go to break , if you don't hand over care and legal responsibility to another qualified nurse ,you are opening yourself up for an accusation ( at the least ) of patient abandonment .

If you are a nurse in California you should ensure that you are reporting to somebody who does not have a full assignment themselves , because they cannot legally accept more patients than the ratio law states . So if you are using the break buddy system , you are not complying with the ratio law .

My sister is a PA who has a mind of her own. She conducts her practice at her own pace (slow) and chainsmokes. She will light the end of one with another.. She has an FY designation rather than one dependent on an employer.

As the field seems to be in an expansive mode voting with your feet seems to be the way to go.

Where I work I was told that nurses don't take breaks, meaning RNs. LPNs and CNAs take breaks. Most of them smoke. I asked about drinking water and was told that they check into the hospital on their days off to get IV fluids. We are not allowed to drink on the floor. This is no joke. The nurse who said this is on one continual break all day long, so she would have no need for a break. She is not my manager, so to hell with her. The problem is that no one is ever available to relieve for breaks. Some seem to get them all the time. Until we get a strong nurses union, this will continue to be the case, because if you insist on your unit abiding by the federal labor laws then you are bucking the system that a nurse should self sacrifice. I formerly worked in a profession where I got all of my breaks. This is ridiculous.

Specializes in HCA, Physch, WC, Management.

Omg. You guys get lunches? And breaks? I can't remember the last time I got to sit down while on the clock (besides paperwork once the next shift came in) with the exception of kneeling on the floor in front of a resident for a dressing change. *sigh*

That being said, I frequently see staff taking rest breaks (maybe sleeping, I don't know for sure) during their lunch on third shift. Doesn't bother me. Leave on time, come back on time, do your job, why should it matter? But I don't make the rules...

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