NO LUNCH??? NO BREAKS??? Is that common in nursing?????

[CleveRN2008]

Hi everyone!

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.

Thanks for your thoughts.

[carolmaccas66, BSN, RN]

It does happen to me unfortunately. I quite often get my break interrupted with questions from other nurses, or when I'm in charge I don't get a long break. But I've always said to other nurses, if something is urgent, if you need me, come and get me so it is part of the job in a way.

BUT having said that, you need to tell people ur taking ur break and stick to it. In our country it is law that u must have a half hour break every 6 hours. If u don't have a break u just get burnt out, fast.

Just tell the other nurses ur going on a break and that is that. The floor won't collapse without u, and even it if is busy (u will always be busy!) u are still entitled to ur break. Other people can cover the patients for half an hour, that is part of the job of nursing.

[LilNurse2b143]

I work the night shift and we don't usually take a full hour break. We come and go as we please as we work. If we take a full hour and don't get all our work done in time we get in trouble for staying after to catch up. You're damned if you do and you're damned if ya don't unfortunately.

[RevolutioN2013]

Do you live in a "Right to Work" state? I do. A good friend of mine (a CNA at a hospital-based nursing home) was ordered to work off the clock the other night and when she refused, the charge nurse told her in no uncertain terms that if she ever hesitated to do what she was told to do again, she would be fired immediately.

That is just not right.

This is the same nursing home I mentioned in a previous post where CNA's aren't allowed to sit down at all during a 12 hour shift while not on break. Ever. If you are caught sitting, you can be fired. Your charting is done while standing, etc...

Hi,

I'm currently the Operations Manager for my company and deal with HR and payroll issues every day. I'm pre-nursing and will be transitioning careers, but that aside please let me say something about "right to work". I have read so many negative comments about that on this site and it seems that there is a lot of misunderstanding about what that means.

First, the term "right to work" simply means that in an employment situation where there is no contract, either party may terminate the employment relationship at any time and for any reason without harm to the other party UNLESS a violation of state or federal laws are the basis for the termination.

Second, we have a LOT of federal protections and at least in NC we have even more state protections as employees. I will tell you as a person who has to set up employment policy and procedure for the purpose of protecting our company that things are skewed in favor of the employee PROVIDED that the employee shows up to work on time when scheduled and does not violate company policy while on the clock. If you are a good employee who does your job within those parameters you have an amazing amount of protection.

Third, a company may NOT violate federal or state employment laws. However, THEY aren't going to turn themselves in. YOU need to be educated about your state's laws and if they are violating those laws then don't just take it. TURN THEM IN! Specifically, and again I'm talking about NC, a company may NOT allow employees to work off the clock. All time must be compensated per that employee's individual pay rate. There are laws that define who may be paid on salary because salary is the only "exception". If you are an hourly employee in NC the company can NOT tell you that you must work off the clock. You must be compensated for all hours worked and they must compensate you overtime if you go over those limits. Their choices are to either pay you or let you clock out and go home.

Now I realize that other states do have different laws. HOWEVER, NC tends to be LESS generous that most states when it comes to employment law and as such if you don't live in NC you probably live in a place where your laws are MORE generous to you as an employee. If the facility where you work has devolved into illegal employment practices then you need to TURN THEM IN. In order to do that you need to educate yourself about what they are and are not allowed to do as employers for your class of compensation. The best way to get this information is to go to your local Employment Security Commission, or whatever they call it in your state, and speak with someone there about what is going on.

So back to my initial point, right to work is not evil or bad. Employers who break the law are bad and the full weight of law and consequence should be brought to bear on them by the employees who are affected by their wrong practices.

[Leelee2]

I live in the northern midwest, in this state, there are no state laws that require the employer to give the employee a break no matter how long the shift is. There are federal laws yes, but state law supercedes federal.

I think that if any profession Needs to have breaks, it is nursing.

[RevolutioN2013]

I respectfully disagree - state law can NOT be written contra to federal law. State law can be less that federal law, in which case federal law trumps state. State law can also go farther than federal law in which case state law trumps. But state law can not be written in such a way that it reverses what is provided for under federal law.

[making_waves]

We get lunch breaks about 50% of the time during a 12 hour shift, and only 30 mins. Isn't there a law about getting 30 mins. then 2 15 min breaks?

[massrn116]

In MA it is labor law that after every 6 hours you get 30min. We clock in 15 min before and out 15 min after our shift change. Typically we are lucky to get 30 min, and I must say because it was due to my insistence on being given at least assigned 30min lunch . Worst enemy against breaks are the nurses I work with. I believe it is called martyrdom

[turnforthenurse, MSN, NP]

I have worked a few times without a break. I work nights, too. Everyone is entitled to a lunch break, but some nights you just don't have the time, even with others helping you.

[MrChicagoRN, RN]

Hi,

First, the term "right to work" simply means that in an employment situation where there is no contract, either party may terminate the employment relationship at any time and for any reason without harm to the other party UNLESS a violation of state or federal laws are the basis for the termination.

Correction, You are describing "employee at will." Right to work means that if you are hired into a union covered position you have a right to not to join the union if so desired, and still receive all perks and benefits.

Most hospitals don't prohibit breaks, they just leave it up to the nurse to schedule it to her convenience. Of course, the nurse usually doesn't find the time to ever take the break. Only real solution is that breaks are pre-scheduled & that the nurse then hands off the patients while off the unit, and covers for them when they get their break.

http://www.dol.gov/dol/topic/workhours/breaks.htm Breaks & Meal Periods

Laws and Regulations on This Topic

Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the work week and considered in determining if overtime was 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 lasting at least 30 minutes), serve a different purpose than coffee or snack breaks and, thus, are not work time and are not compensable.

Your state law determines length & frequency of all breaks

[gettingbsn2msn, MSN, RN]

I live in the south, where your employers can fire you (legally) without having a reason. That is why we cannot form unions, take our lunch breaks, and bathroom breaks. A lot of it is feed by the MDs and administration.

Also when they fire you (as they did me) they will deny your unemployment. Luckily I am now a travel nurse and will never work for a hospital again!!!!

[annmariern]

Last year, I think after a succcessful lawsuit by Walmart employees, we had to clock out for lunch; prior to that, they deducted it anyway, break or not. That did it for me; not paying me for 30 mins, that was it. I was having that break. I find a time when nothing majors going on, make sure no pain meds are due, IV bags are full, tell the pts Im going for lunch for 30 mins and go, leave the floor. I get calls, which is annoying, but I keep my phone in case theres an emergency or something. The nurse covering me, usually doesnt need to do much, I've come back to call lights ringing , iv pumps beeping the entire time I had my break....but I take my break. I have had occasion to call the supervisor who blew me off, when I was alone with a tech on a unit with 8 pts, until I pointed out it was against labor laws to go 13 hrs without a break. She came and relieved me. I see fellow nurses clocking out for lunch (because you get written up for not taking them) and continue working. As someone else pointed out, if something occurs in that time, well technically your off the clock, so... no doubt you'd be totally liable and unprotected. Some clock out at 7.30pm and work till 10pm. Working for free. Yes, today I left my 12 1/2 hrs shift 3 hrs late. But I took my breaks and if I hadnt, I would still have left late, only dehydrated, hungry and unable to function. I have found it doesn't make that much difference. My care today was not perfect, nor is this system we work in and choose to accept. But my pts were alive, nope, didnt get that sponge bath and all the extras. I have learned to let go of that ideal. As for the union, we have one; it was a hard fought, much opposed, lengthy process and several nurses were targeted and fired for taking part, but in the end, they won; still only 30% belong to it. I am grateful its there, because it makes a difference to have one But still nurses will not use it or are opposed to it, while doing all of the above. I don't get it, martyrdom? You have to look after yourself, I think labor laws on the subject of a lunch break are universal in the USA? Am I wrong? If you don't stand up for yourself, no-one will.

[OgopogoLPN, LPN, RN]

Old thread, I know. I read through the whole thing with great interest.

Yes, I am in Canada and unionized. But whether I am union or not, I CANNOT FATHOM working an 8 or especially a 12 hour shift without a break. Can't imagine. We all need to eat, drink, void, etc. Put our feet up, call home etc.

Union or not, what other profession would put up with not getting a break for 12 hours? Are there any other degree educated fields out there that go for 12 hours without at least one proper meal break??

And no, I don't have a degree, but I work alongside degree nurses, as I'm sure most of you are too and cannot for the life of me think of any other profession that would think this is OK. And we're the ones who know the physiology of the systems, and the need for food, hydration, voiding, BM's, etc.