What is the Law for Nurses taking breaks?

Nurses Activism

Published

Specializes in Med Surge. Labor & Delivery.

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

Up Vote Up Vote ×
Specializes in Cardiac.

I'm not a fan of people sleeping on duty. That being said, I have worked nights and understand how a little cat nap can really help and sometimes be necessary. I have worked nights where I wouldn't have made it without my lunch nap.

I would think that 'being on duty' would not include breaks. I bet they would say I couldn't listen to my ipod on duty or read a book on duty or talk to my spouse on my cell on duty, all of which are fine if I'm on break.

Up Vote Up Vote ×

Can you lie prone with your eyes closed or on your side? I think this is ridiculous.

Up Vote Up Vote ×
Specializes in Vents, Telemetry, Home Care, Home infusion.

each state has wage and hour laws which may include break statutes.

"while on duty" includes moment you clock in till you clock out.

us gov dol: hours worked fact sheet 22

rest and meal periods: rest periods of short duration, usually 20 minutes or less, are common in industry (and promote the efficiency of the employee) and are customarily paid for as working time. these short periods must be counted as hours worked. unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and any extension of the break will be punished. bona fide meal periods (typically 30 minutes or more) generally need not be compensated as work time. the employee must be completely relieved from duty for the purpose of eating regular meals. the employee is not relieved if he/she is required to perform any duties, whether active or inactive, while eating.

sleeping while on duty - wikipedia, the free encyclopedia

Up Vote Up Vote ×
Specializes in Psych , Peds ,Nicu.

I think you should ask your union , to clarify this agreement , particularly as when you are at break , you should be relieved of all duties related to your patients . So what you do in your break ,

If in fact you are not relieved of duties related to your assignment , legally you are not having breaks .So another route you could take in this dispute , is have your union representatives point out to management ,that in order to take breaks they need to have staff to relieve you.If management does not ensure that you can take a break , they can be fined and have to pay you overtime for not having a break.

I would also ask your union why would they agree to this policy .

If you are taking a legitimate break , there should be no problem , but if you have sloped off without telling anyone , then gone to sleep that is another matter

Up Vote Up Vote ×
Specializes in Telemetry, Med Surg, Pediatrics, ER.

I don't understand why your UNPAID break is on their terms. Explain to me why you can't nap on your break when nurses working at smoke-free facilities can clock out and walk off campus for their break? I am a smoker (unfortunately) and I know that to be the case. I do not smoke while at work, but I know plenty who do and this is how they spend their breaks. Personally, when we work such long shifts I don't think it is anyone's business how we choose to spend our UNPAID breaks. We should be allowed to do whatever we need to do in order to make it through the rest of our shift refreshed. If that means consuming 2000 calories, smoking, or taking a nap, it is OUR break. Sorry for the rant, but this is just wrong!

Up Vote Up Vote ×
Specializes in Geriatrics, med/surg, LTC surveyor.

What breaks?

Up Vote Up Vote ×

We have 20 minutes x 2 coffee breaks, and 1hr lunch break. We combine all the breaks together and take 2 hrs one time if we wish and if we are not too busy - that is for night shift only. Those of us who want to sleep do so because we have no rule that says we can't sleep. Many like me prefers to nap occasinally for 1hr when I'm too tired.

Up Vote Up Vote ×
Specializes in Hospital, med-surg, hospice.

Where do you work?? We get 1/2 hr lunch and supposed to get 2 15 minute breaks...we are lucky if we get 20 minutes for lunch..we are not suppose to leave the property although some do..

Up Vote Up Vote ×
Specializes in Dialysis, Long-term care, Med-Surg.

Do you have a chapel in the hospital? I would go to the chapel or off the floor to a sitting area and nap there. They have no right to tell you what to so after you have clocked out for your lunch!!!!

Up Vote Up Vote ×
Specializes in Critical care, tele, Medical-Surgical.

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

Up Vote Up Vote ×
Specializes in Psych , Peds ,Nicu.

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 ?

Up Vote Up Vote ×
+ Add a Comment