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Discussion

Lunch Breaks

I'm an LPN in LTC.  Recently our hours were cut, and we're working 8 hr shifts instead of 12s.  I am the only nurse on duty for 50 residents.  I work from 10pm until 6am.  I have been turning in "no lunch" forms.  I don't feel that I should clock out when I'm the only nurse on duty.  I was told by my administrator to put the CNA with the most seniority in charge when I take lunch.  We are being threatened with disciplinary action or termination if we don't clock out for lunch.  Help! (I'm in Illinois)

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    • Featured Replies

    • Experts

    This is hearsay knowledge, but I believe it's. a Labor Law which entitles an employee to a half hour lunch break for every 8 hours worked, dawnmichelle. I believe an employee is also entitled to two 15-minute breaks.

    Feelings about not clocking out when the only licensed person on duty is supported.

    Having had some experience with the Il. Dept. of Labor, I can attest to the fact that they went to bat for me.

    https//:labor.Illinois.gov

    Good luck!

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    While some states might mandate a lunch break or intermittent breaks, these are based on state law.  

    However, regarding disciplinary action for not clocking out for lunch.  If you did not receive an uninterrupted break the have to pay you for the time.

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    • Experts

    Consult your states Nursing Home Regs to to see if they require nurse on duty 24hrs day.

    Federal law: One needs to be relieved from ALL DUTIES during mealtime, otherwise considered paid time..  Since you do not have another professional to relieve you, meal time should be paid.

    State regs + offices available at US Department of Labor Wage and Hour Division (DOL)

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    On-duty meal period counted as time worked and permitted when nature of work prevents relief from all duties.

    One can call the state DOL to confirm regulations or file a complaint.   Tactfully inform your boss/ HR your aware of your rights; file DOL complaint if you receive disciplinary action. No employer wants DOL to descend on facility.

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    Since you cannot legally delegate your nursing responsibilities to a CNA, your facility is 100% wrong in telling you that. As was already stated, you have rights in this area and someone is trying to get away with something. A facility is required to meet minimum staffing levels 24 hours a day, not 23 hours and 30 minutes.  You can probably find something from your DOL website to print out, or just given them a call directly and speak with someone. 

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    One additional thought. Are you the only nurse in the whole facility at that time? I know that when I worked in LTC, our facility was split into four wings. There could be one nurse for 30, 36 and 60 patients on each unit respectively. However, even when one nurse was on break they were still within the legal requirements because the ratio of nurses to patients in the whole facility was appropriate. But there wasn't someone physically on each unit. It's possible that you're in a similar situation and while it feels totally sketchy, they're in the letter of the law. Good luck

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