mandatory break time

pickledpepperRN · Aug 20, 2003

I truly believe that a registered nurse must delegate responsibility for assigned patients to another registered nurse willing, able, and competent to assume the responsibility for those patients. Patients health & safety can be jeopardized during a 10 or 30 minute break while the RN just hase someone "watching" or "covering".

This is directly from the law:

LABOR CODE

Section

226.7. (a) No employer shall require any employee to work during

any meal or rest period mandated by an applicable order of the

Industrial Welfare Commission.

(b) If an employer fails to provide an employee a meal period or

rest period in accordance with an applicable order of the Industrial

Welfare Commission, the employer shall pay the employee one

additional hour of pay at the employee's regular rate of compensation

for each work day that the meal or rest period is not provided.

512. (a) An employer may not employ an employee for a work period

of more than five hours per day without providing the employee with a

meal period of not less than 30 minutes, except that if the total

work period per day of the employee is no more than six hours, the

meal period may be waived by mutual consent of both the employer and

employee. An employer may not employ an employee for a work period

of more than 10 hours per day without providing the employee with a

second meal period of not less than 30 minutes, except that if the

total hours worked is no more than 12 hours, the second meal period

may be waived by mutual consent of the employer and the employee only

if the first meal period was not waived.

(b) Notwithstanding subdivision (a), the Industrial Welfare

Commission may adopt a working condition order permitting a meal

period to commence after six hours of work if the commission

determines that the order is consistent with the health and welfare

of the affected employees.

(f) (1) In addition to the requirements of subdivision (a),

registered nurses employed to engage in the practice of nursing shall

not be exempted from coverage under any part of the orders of the

Industrial Welfare Commission, unless they individually meet the

criteria for exemptions established for executive or administrative

employees.

553. Any person who violates this chapter is guilty of a

misdemeanor.

----------------------------------------------------------------------

pickledpepperRN · Aug 20, 2003

Originally posted by healingtouchRN
you might say shame on me but when I have come back from a longer than usual potty break & find my pt out of bed with IV's out & my staff with no clue that the bed exit alarm is that noise going off.....you'll see what I mean. Most of my staff has barely been out of school a year & the others are travelers........nuff said. I just don't trust them.

You are correct!

Ethics not just the law must consider the needs of the patients.

Your facility is understaffed with people who are not yet competent due to inexperience. That is NOT your fault!

ainz · Aug 20, 2003

Most hospitals have it stated in their policies and employee handbooks that you are to have a 10 or 15 minute break twice per day in addition to your lunch period. According to spacenurse's post the California law does not mention breaks but does mention lunch periods.

However I agree with spacenurse that ethics, not just the law must consider the needs of the patients. It sounds like your staff doesn't work together very well in covering for people to take a break. That is a shame.

In my years of healthcare and nursing, I too have found it very rare that I could not take a 10 minute break, even if it was to just sit in the nurses' lounge in the unit or on the floor to just stop and breathe out for a moment. I think that if you organize your time you can get your breaks most all of the time. There have been times when patient care demanded I did not get a break or meal for the full 12 hour shift, but very, very rare.

Gomer · Aug 20, 2003

Originally posted by spacenurse
I truly believe that a registered nurse must delegate responsibility....This is directly from the law: LABOR CODE ...

Everyone, please note, this wage order applies only in California. Each state can have their own wage & hour laws although some may be the same or similar.

California, since Davis got in, is a well-known pro-union, anti-business state. Many of our labor and wage & hour laws may be different but stonger than federal laws (example: OT after 8 hours is required on 12-hour shifts, the 40 hr OT law doesn't apply here as it does in most states and federally).

You need to check your own wage and hour laws to see if rest and meal periods are required in your state and what the consequences are (if any) for an employer who doesn't provide for such breaks.

pickledpepperRN · Aug 20, 2003

Originally posted by Gomer
Everyone, please note, this wage order applies only in California. Each state can have their own wage & hour laws although some may be the same or similar.

California, since Davis got in, is a well-known pro-union, anti-business state. Many of our labor and wage & hour laws may be different but stonger than federal laws (example: OT after 8 hours is required on 12-hour shifts, the 40 hr OT law doesn't apply here as it does in most states and federally).

You need to check your own wage and hour laws to see if rest and meal periods are required in your state and what the consequences are (if any) for an employer who doesn't provide for such breaks.

Thank you Gomer.

I sure don't want anyone thinking it is federal and getting in trouble.

From the California Nurses Association:

http://www.calnurses.org/cna/collect/otcb6800.html

IT'S YOUR RIGHT! CLAIM YOUR OVERTIME!

DON'T SHORTCHANGE YOURSELF.

DON'T SHORTCHANGE YOUR PATIENTS.

Periodically, CNA receives reports that nurses feel pressured not to claim overtime. Yet, the trend on many units is to increase patient loads assigned to RNs while patient acuity is also increasing. Cuts in ancillary staff result in added work for RNs. Replacing RNs with unlicensed personnel results in more work for the remaining RNs. Inevitably these changes result in increased overtime.

IT'S THE LAW, CLAIM YOUR TIME.

Federal Law, State Law and your Union contract all require your employer to pay you for all hours worked, including overtime and working through your meal break. Under Section 210 of the California Labor Code, failure to pay wages that are due, is subject to a civil penalty. If you fail to claim your time, you are falsifying your own time records

IT IS PROFESSIONAL TO CLAIM YOUR TIME.

Sometimes nurses feel that it reflects poorly on them as professionals if they cannot complete their work in an eight hour shift. It is because you are responsible for the care of your patients that you often cannot simply walk out at the end of your shift. When a patient's condition deteriorates late in your shift, as a professional, you prioritize that patient. If that means other work is not completed during your 8-hour shift, as a professional you stay over to complete it. As a professional you may have to stay over so as not to shortchange your patients. Charting is part of your professional and legal responsibility. Charting is work. If you have to stay past the end of your shift in order to complete your work, claim your time.

DON'T BE AFRAID, CLAIM YOUR TIME.

Sometimes, nurses feel intimidated by managers who discourage overtime and blame the nurse, suggesting s(he) is not well organized. Increased patient loads, and increased acuity are the primary reasons why nurses work overtime. In fact, it would be dishonest to pretend you could complete the work in less time than it takes. Don't be intimidated. You are a patient advocate. Advocate for quality care. If you are denied overtime, file a grievance.

NOT CLAIMING YOUR TIME UNDERMINES YOUR COLLEAGUES, YOUR PROFESSION, AND YOUR PATIENTS.

Not recording time that you work creates the illusion that you have adequate staffing on shifts when you don't have sufficient or appropriate staff. This serves to justify short staffing and in turn may lead to further reductions in staff.

IF YOUR OVERTIME IS DENIED, FILE A GRIEVANCE.

Refusal to pay you for time worked is a contract violation. If you are not paid, you should try to correct the problem through the payroll adjustment process. If you are still not paid, talk to a nurse rep or call your labor rep. Don't delay. There is a time limit for filing grievances.

whipping girl in 07, RN · Aug 23, 2003

I always take my lunch break. Usually it is at 1 am when the cafeteria opens. The ICU I work in has 12 beds, usually we have about 7-8 patients, 4-5 nurses and 1 PCA. Half of us go get food first, then the other half go, and we all eat in the breakroom at the same time, unless someone has a super critical patient or one that needs to be constantly watched. If that's the case, then the charge nurse will watch that patient while the nurse eats. If a call bell rings or an alarm goes off, we take turns going after them. Most of the time, half way through the shift, you've done most of your work, the patients are asleep, and things can wait till you're done eating (a bath on a vent patient, charting, etc.)

It's the attitude of this particular unit that you plan to take your break at 1 am, and everyone will get their break, not just the nurses with "easy" patients.

Even the night that the you-know-what hit the fan and we got three traumas and a post code between 11 and 12:30, we still all ate lunch (at 2 am, and only half at a time, but we still ate!)

It can be done if you plan for it!

Even at the places I've worked where there's not a set time to eat, I'd plan my work during the shift to give myself a break to eat.

Trixie01 · Aug 29, 2003

Here is another solution - make sure if you don't get your break put down that extra time on your timesheet, after a while someone will notice, it's the law. Breaks need to be given, otherwise make them pay you for every minute! Unfortunately, in this business money talks loudest.......

msal864952 · Aug 29, 2003

Thanks Trixie..

I thought of that .But my supervisor said. NO!!, You can't do that.. If you didn't take your break. then you forfeited it. But i should have just walked away for & leave my dr. unattended for a 10 min. break.. LEAVE HIM UNATTENDED??? REALLY??? :eek: I am constantly told that we are short of help..then if you complain to the facility director.. you are considered a whiner.. I just don't understand it??

**canoehead, BSN, RN** · Aug 29, 2003

If you don't get a break you have a right to put in for the time. How much time varies from state to state, but your supervisor was out of line on that one. The other thing she might be considering is that maybe at that exact critical moment you couldn't take a break, but what about an hour later? Depends on the day I suppose...

I'ma a supervisor and if I had to relieve every nurse for break there wouldn't be enough time in the day- some still wouldn't get out even once. So they are expected to pair up and relieve each other. What I do on busy nights is make rounds every two hours and stay and help out on whatever floor is busiest so they have a sane workload, and can get a few minutes to pee or whatever.

In our hospital thought there is the 30min meal break that is mandatory, and then there's the morning and afternoon breaks that aren't. Plus, even if you don't get any break you ONLY get the 30 min added onto your shift, not the am/pm time (it's not mandatory time). The laws are really designed for an 8h day, there's no extra break for 12h workers, even though who ever heard of working for 12h straight and only eating/peeing etc once.

Maybe we should be writing letter looking for an extra mandatory break during 12h shifts.

SmilingBluEyes · Aug 29, 2003

sounds like Walmart to me. I would STILL clock "no break" despite what manager says. You have that right.