This topic has been bothering me a lot lately. I would love to know your thoughts and experiences! I am a new RN working on a cardiac unit. Since I have been on this floor, I have observed and experienced first hand how many of the nurses do NOT get a break during their 8 and 12 hour shifts. If we do take a break, we have to find someone on the floor who can cover our typically 4-5 patients. Our charge nurses do NOT cover lunches and our parent shifters are not used for this, either. There have been many days when I went home after working 13 plus hours and not sitting down once or being able to use the bathroom.
Is this COMMON in the nursing profession? According to wage and hour federal laws, we are entitled to a break.
This frustrates me as I think we are all entitled to some time away and I do not feel it is our responsibility to find our own coverage.
What are you guys finding out in the nursing community? Do you swipe a "no lunch?" Is this even SAFE? Technically, this employer is violating wage and hour laws by not freeing the nurses up for a break.
Please share your thoughts and experiences with me. I think this practice is wrong and I would like to implement change...I just do not know how.
There is always anonymous phone calls to the State Department of Labor. If this is a persistent problem where you work, this is what you need to do.
If you have a union a STAT call to your union Stewart is needed. On the back of our Local union card (the card is bright yellow so the management can see that you are wearing it) that we can wear with our ID badge it says many things, one thing is "you have the right to---publicly criticize company rules, policies, wages, benefits and treatment"
I never get an uninterrupted break on days or evenings and I don't think it really has much to do with whether or not there is a nursing shortage. In my experience we have and probably always be understaffed. Also my patients don't give a rip if I get lunch or nearly pee my pants as long as I'm there when they need something. Unfortunately I think its just part of the job and not unique to nursing. When I bartended and worked retail same thing.
Re. Mudwomans contribution , Actually it is the EMPLOYERS responsibility to ensure that their staff recieve all breaks as per law .
If employees sue their employer for missed breaks , it is the employer who will have to show they covered all breaks , NOT the employee having to prove they missed breaks , that is why if these suits are filled the employees usually win and recieve a nice check .
I'm lucky in that I usually do get a lunch. I'm MS and usually have 5 patients which isn't bad seeing what I have read about on this site. There are days when I don't but more often than not I do. The biggest reason why is that I have excellent managers in my unit. They cover for us and help us to cover for one another so we can take a lunch. If we can't they know it and we are paid as we should be. On the really swamped days we try and sit for a few minutes here and there to have a quickie snack, a drink, and rest our feet for a bit. Our CNAs are also very competent and help out as well. And I learned the hard way that if you have to pee...go. A bad UTI and I will never hold it in too long again. Unless a patient can't breathe and needs immediate assistance go to the potty.
Re. Mudwomans contribution , Actually it is the EMPLOYERS responsibility to ensure that their staff recieve all breaks as per law .
If employees sue their employer for missed breaks , it is the employer who will have to show they covered all breaks , NOT the employee having to prove they missed breaks , that is why if these suits are filled the employees usually win and recieve a nice check .
Sorry, but I work in a "Right to work" state which means that my employer gives me the right to work or not. They can fire me for NO reason. I don't want to commute another 60 miles one way to another hospital. So, my employer has delegated the responsibility of my break and lunch to me. No attorney in this podunk town would waste time defending a lawsuit against them. They are the largest employer in a 5 county region mostly because they are just about the ONLY employer in a 5 county region. This here's the backwoods of the South, where a common expression is "We got our own laws around here".
I understand what you are saying Mudwoman , but I was simply saying what the law actually says , although a lot of employers turn this responsibility around , as you describe .For the purposes of this thread , what the law says in reality had to be mentioned .
If a nurse wishes I am sure they could find a non local attorney , via the internet, to start a suit , which could become a class action , to which many nurses in the same situation , could join .
You don't need a lawyer to call the Dept of Labor in your state to make a formal complaint. If you aren't taking a lunch and you aren't being paid for it that is illegal. Make the call and they will investigate. They don't take kindly to employers who do this to their employees. I know a few people who got nice back checks for just this reason. Your employer knows it is illegaland are banking on everyone being too afraid to take action against them. Don't let it happen to you.
Specializes in Clinicals in Med-Surg., OB, CCU, ICU.
Nursing is one of those jobs where one may not get a break. I personally do not have an issue with this. One should be able to have a lunch break though, or one may pass out. One should also take their bathroom breaks, and make sure to drink their water. Breaks may not be part of the day though, but let's face it, there are a lot of jobs where scheduled breaks are not part of the day. Nursing is not unique in this regard! Let's worry about things that really matter.
I can sympathize with those who feel that they're stuck in a bad situation and can't say anything-however, I also agree that the hospitals get away with this because we've allowed them to. Just look at this thread-you have nurses arguing with each other instead of putting the blame where it's most deserved, on the hospitals.
I work in a unionized hospital and they still try to get away with stuff and there are those nurses who are still afraid to make waves. It takes people stepping foward and saying "NO" as scary as that may be. I'm currently top turd on my boss' poop list because I've been asserting myself more and using the union to do it. Scary? Yes. But, it needs to be done.
I just found out that come January we are going to be required to actually clock out and in for lunch. Before the hospital would automatically take out the 30 minutes everyday. I, too, am in a Right To Work state- can get fired for no reason. I asked why this was happening now (I have been there for 10 yrs). I am told it is in response to a law suit brought on by employees (somewhere?) who filed a claim for not getting lunches with lunch routinely getting deducted from their checks. Apparently, the hospital had to back pay for years worth of lunches to numerous people.
If hospital listens to the nurses and doesn't use it as a punishment for claiming "no lunch" it could be a good thing. Hopefully, it will be used as a voice for the staff to say see "we were understaffed today and could not take a lunch" or "the high acuity level on the floor right now is insane".
Now, if this method consistently shows the same nurses never getting no time for lunch when others do- it may be a time management issue.
If hospital listens to the nurses and doesn't use it as a punishment for claiming "no lunch" it could be a good thing. Hopefully, it will be used as a voice for the staff to say see "we were understaffed today and could not take a lunch" or "the high acuity level on the floor right now is insane".
Now, if this method consistently shows the same nurses never getting no time for lunch when others do- it may be a time management issue.
You can be sure that your employer will indeed use this new policy as a punishment , because it has been introduced so they can document you are recieving your breaks , if the paper trail shows you are not recieving your breaks , they are at risk of , heaven forbid , actually correcting the problem . So yep if you don't clock in & out for your break , they will come after you !
I can tell you from experience , that as to the last paragraph , this does not hold true because some who will consistently clock in and out for break , will be those who are too scared to "rock the boat"by clocking in and out even if they miss their lunch break .While some who consistently register the fact that breaks are being missed , are simply protecting their health and licenses ( WAKE UP NURSES , you are not covered by Liability Insurance or workmans comp. when working off the clock , and don't think for a moment the employer will fudge on this , we have had nurses terminated or thrown under the buss , by our employer , when nurses found to be working off the clock !) .
( WAKE UP NURSES , you are not covered by liability insurance or workmans comp. when working off the clock , and don't think for a moment the employer will fudge on this , we have had nurses terminated or thrown under the buss , by our employer , when nurses found to be working off the clock !) .
This is key and comnpletely accurate. If you punch out DO NOT care for patients during that time. If you get injured on the job at that time you have no right to workmans comp as you were off the clock. On the flip side if something happens to a patient and they sue you will have no malpractice insurance during that time because you were off the clock. They will throw you under the bus even knowing you couldn't take a lunch when you punched out to do so. Protect your licenses and fellow nurses.
lee1
754 Posts
There is always anonymous phone calls to the State Department of Labor. If this is a persistent problem where you work, this is what you need to do.
If you have a union a STAT call to your union Stewart is needed. On the back of our Local union card (the card is bright yellow so the management can see that you are wearing it) that we can wear with our ID badge it says many things, one thing is "you have the right to---publicly criticize company rules, policies, wages, benefits and treatment"