Noone to relieve me, but I'm forced to clock out for lunch?!

pookyp, LPN · Jan 6, 2016

Where I used to work it was mandatory that we clocked out and go back to the floor and work...while on your break!!

Jensmom7, BSN, RN · Jan 6, 2016

Where I used to work it was mandatory that we clocked out and go back to the floor and work...while on your break!!

That violates Federal labor laws. If you are in a position that you have to continue working through your lunch, then you must be paid for that hour (this is for hourly employees, not salaried). And you don't have to be unionized for this to apply to you.

You do NOT clock out and then return to your work area. If something happens to you while you are off the clock, there is a strong possibility you will not be able to collect Worker's Compensation.

I once worked night shift in Gero Psych. I was the only nurse on the unit. Since I was not able to take an uninterrupted lunch, I would put "no lunch" on my time card.

I suspected that TPTB would object to paying me for that "extra" hour, so I called the Labor Board and they sent me the relevant information. Sure enough, at one staff meeting, the pissant director literally got nose to nose with me and screamed that I was NOT to put "no lunch" on my time card.

I calmly handed him the print out of the statute, and told him that if there were any words he didn't understand, I would be glad to call someone at the Labor Board and have them explain them to him.

I never heard another word about it. And yes, I continued to put "no lunch" on my time card.

P.S. If you're feeling really mean, you could call the Labor Board and tell them what went on. They might investigate and you could get some back pay. One hospital I worked at let unit managers alter our time cards to make it look like there was no overtime (this was over 30 years ago, I don't know if modern technology lets them do that now). By the time the investigation was over, the hospital had to pay us a butt ton of money.

NurseSpeedy, ADN, LPN, RN · Jan 6, 2016

A place I worked placed a sign similar above the time clock but for 30 minutes and it was to all staff since there was only one nurse on and only for day and evening shift. I never felt comfortable about leaving the facility during my lunch for break because someone was always bound to fall over, choke on their meal, have chest pain, or get aggressive during the 30 minutes I would try to take off. Not all nurses felt this way, but it didn't sit well with me. So, if I did find a few minutes in my day to try to shove something down my throat I would do it in the break room and keep my radio turned on. I would clock out but the minute I had to return to dislodge pot roast out of someone's windpipe I clocked back in and filled out a slip explaining why I took 2 minutes for lunch instead of thirty. I never got any lip about it, probably because I included why I had to return early. Residents turning blue due to choking on overcooked meat or trying to hurl walkers across the room at other residents in a fit of rage documented on the form kept managment from giving me any grief.

vintagemother, BSN, CNA, LVN, RN · Jan 8, 2016

This last week, my administrator placed a note above the time clock saying that all nurses MUST clock out for a 1 hour lunch break. I'm saying to myself "great!". The only thing; I work a 2-10/10-6 (16 hr shift overnight) and I am the only LVN in the building at the LTC. How can I punch out and take a 1 hr uninterrupted lunch break when I have noone in the building of my certification or higher to cover for me? Is this legal?

At my last position, there was no relief for noc nurses to be able to take a break. Thank goodness we had an awesome DON. We had a written policy which stated that nurses on nocs, without relief, were not to clock out for lunch. We were paid some kind of extra pay for this. Further, the policy stated that nurses are allowed to go into a break room/nurses station so that they could take an unofficial break. Non nursing staff was instructed not to bring issues to the nurse that could wait to be addressed during this time.

I hope your facility can put together a policy that meets the labor boards standards and works for nurses.

toomuchbaloney · Jan 8, 2016

This last week, my administrator placed a note above the time clock saying that all nurses MUST clock out for a 1 hour lunch break. I'm saying to myself "great!". The only thing; I work a 2-10/10-6 (16 hr shift overnight) and I am the only LVN in the building at the LTC. How can I punch out and take a 1 hr uninterrupted lunch break when I have noone in the building of my certification or higher to cover for me? Is this legal?

Ask the administrator to address this specific concern about clocking out for lunch IN WRITING. If the admin says you must clock out then you do that and all responsibility rests with the facility while you are off the clock.

If this is in violation of state regulation or law report them.

good luck

Nurse_Kimurtle, BSN, RN · Jan 25, 2016

At the facility that I work at now, we are required to take a 30 minute break, just for the sake of clocking out. I work on the rehab portion and things can get crazy over there on the NOC shift, and sometimes I don't have the time to clock out all the time. I was just reemed by my DON for not consistently clocking out for a 30 minute "lunch" break. So, now I clock out for the sake of clocking out. I do not leave the rehab area, as there is not another rehab nurse to "relieve" me and if something happens, have to immediately clock back in. I also have noticed that if we don't clock out for the required 30 minutes, it is taken off of the time cards by SOMEONE..... :no:

**RosesrReder, BSN, MSN, RN** · Jan 25, 2016

If you're and hourly employee you are entitled to an uninterrupted, unpaid, away from patient care area lunch. If that doesn't happen and you're working through your lunch period it is a violation. Call the Dept of labor and let them know what's going on. It will be nipped in the bud. Trust me

Nurse_Kimurtle, BSN, RN · Jan 25, 2016

Unfortunately, the only person that could relieve me for an "uninterrupted" break is the LTC nurse and that would mean that she has to leave her LTC area to come over to my rehab area and then she is responsible for 40+ people combined on both sides for 30 minutes, HOPING that nothing goes wrong....

sandy79 · Jul 18, 2016

It seems that your employer wants you to falsify documentation in order for them to be in compliance. This is so wrong! It should be your management's responsibility to ensure you either get coverage for your break or pay you for worked performed. It shouldn't be a burden on you.

beekee · Jul 18, 2016

I am also required to take a 30 minute "break" on the overnight shift, with no one to cover during my absence. I'm not sure how I'm suppose to magically determine when (or if) there's a 30 minute span where no one needs me.

cisneroj · Jul 18, 2016

My old employer tried that with me. I gave them a print out of the LAW and said OK I will clock out and sit in my car for 30 minutes while I eat. They came back and said I did not have to clock out to eat.