I have recently started a new job. I'm on my orientation period. I asked when we take our lunch. I was told by the Charge Nurse that we have to clock out for lunch for 30 minutes but continue to work. Otherwise, the work is not completed.
:nono:I said, "uhm, no, I don't think so. I always try to take my lunch." She said, "You're new here. We have to work through lunch to get everything done." Ok, fine, I will work through lunch but I want to be paid. She got snotty and said "we don't pay for your time on lunch. It's obvious you are not going to last long here." Actually, no, I won't be lasting long here, if that is the attitude you have towards my breaks. I refuse to work off the clock. If I clock out for lunch, I want my lunch, I don't want to still be working. Am I being unreasonable?
Are you pressured to work off the clock? Do you take your lunch?
I believe lunch breaks are part of the FEDERAL labor laws...I'd blow a whistle if this is actually expected by your superiors. We get the opposite from management stating we have to take lunches...and I'm one of those who is a charge nurse and works through lunches all the time (eating at the desk most days) because I feel at least I get to sit down while the rest of the staff runs their buts off. I would not be ok if this was expected of me...it's not...actually is frowned upon by my boss.
I agree with everyone else. That's a lawsuit waiting to happen. Two of the companies I worked for previously were sued for forcing workers to work through their lunch break. We're talking millions of dollars in lawsuits. It's against the law, plain and simple.
And, like someone else mentioned, there's nothing to cover your *ahem* backside in case something goes terribly wrong. Your head nurse could feign shock and surprise upon discovering you were "off the clock". Good job standing up for yourself! :yeah:You probably won't end up having the best relationship with this woman, but at least you won't be the one that's walked all over.
it is a federal labor law that you must have a unpaid lunch break if you work more than 8 hours.
don't let them bully you...you are an adult.
is this LTC, hospital, what type of work?
I NEVER let the day shift get so bad that I never got my lunch when I was training...and it did get very busy through the late morning, early afternoon.
sometimes I didn't get it until 3...but I still took it. My time is my time.
Perhaps what this charge nurse doesn't realize is that you realize you must work harder and faster to make this happen, but often I find that the reason people get busy is because of the following:
1. They didn't chart early when they had a minute, they thought oh I can relax, I'll get it done later(but later never came).
2. They passed meds later than they should have and by the time they were done, it's time for meds again.
3. a emergency occurred and they couldn't recover.
You can do it however you need to do it, as long as your work gets done, right? it's not up to her to tell you that! good luck..and ask your manager or HR.
NEVER WORK OFF THE CLOCK. By doing so, you are giving the powers that be the power to abuse you and quite possibly labor laws. Go up your chain of command. Speak with your manager, make it known that if you have to clock out for 30 mins for lunch, then you are taking LUNCH, not working.
i started clocking out for lunch and still working. that's your problem. by doing this, it makes you a doormat, just like ghillbert said.
it's called being a nurse and not having enough time to even eat. sad, but true- maybe in your case it's true, but not in every other nurse's experience. i take my breaks. you should too, you are basically working for free for 30min when you should be getting paid for the work you do. you are letting administration win and again, are being a doormat
It's not only illegal, if you are clocked out and get injured, then the hospital can legally deny to pay you workman's comp because they, nor any employer, can require you to work "off the clock".
My answer to the charge nurse would have been this: "To me, it's time management, if my patients have everything they need, and all the meds are given, then I see no reason why I cannot take my lunch break and have a co-worker answer regular calls, as I will be happy to do it for them when they take their lunch."
I would also talk to the Nurse Manager...she will most likely be quick to tell you that no such "policy" exists.
I would have said....."do you realize what you're asking is illegal and this facility could be seriously fined? I'll see what the HR manager has to say."
Not only did she tell you that you couldn't eat lunch but also by saying "you won't last here very long" was a kind of threat. Take it to HR. If you don't get anywhere then you don't want to work there anyway. Oh, and you could leave them a parting gift of a call to the labor board.
Working off the clock is ILLEGAL! I think all the other bases about liability and worker's comp have been covered, but this manager is going to be in some deep doo-doo if the proper authorities find out about this.
So there! :chuckle.thumb.gif.11fa0ddb3aacfb1b3953bc671abcfb7e.gif){kind=avatar}
Larry77, RN
1,158 Posts
I believe lunch breaks are part of the FEDERAL labor laws...I'd blow a whistle if this is actually expected by your superiors. We get the opposite from management stating we have to take lunches...and I'm one of those who is a charge nurse and works through lunches all the time (eating at the desk most days) because I feel at least I get to sit down while the rest of the staff runs their buts off. I would not be ok if this was expected of me...it's not...actually is frowned upon by my boss.