Facility does not provide breaks - What can we do?

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Specializes in Medical Legal Consultant.

Hello Lorie

Our facility does not provide a relief nurse for rest periods or meal breaks. Our contract states 30 minute uninterrupted meal break and 3 - 15 min rest periods. What do we do to get what the law provides us?


Dear Does Not Get Breaks

A group of nurses in Texas have a lawsuit against their facility where they were not getting their meal breaks. The issue to look at is were you docked pay for not having a lunch break or were you docked for a lunch break that you didn't have?

If you are not getting your lunch breaks which the law requires you to get, I suggest contacting the Department of Labor in your state.

Good luck getting this resolved

Lorie

Specializes in LTC & Teaching.

I completely agree with regards to contacting the Department of Labor in your state. In addition, if you and your co-workers belong to a union, then the union also needs to get involved.

I do recall an issue that occurred in a facility that I worked in several years ago. The R.N.'s were fighting the issue about having the time that they were on their lunch/supper breaks paid for. Their valid rationale was that even though they were on a break, they were still on call to handle what ever emergency or other kinds of incidents were to occur. This was a Nursing Home which usually only had 1 - 2 R.N.'s in the entire building during a given shift with the rest of the staff being Practical Nurses and unregulated staff. I left that facility before the issue was resolved.

I live in Texas, and the organization that I work for is in the network of the hospital that the nurses sued. We are now mandated to take a 30 minute lunch period. However, they do not provide additional staffing to cover the period. So your "buddy nurse" has to cover your patients, which puts you at ten patients for 30 minutes. The latest they are saying is that when nurses do not take their break, it causes fractional overtime and that they will now start writing nurses up who do not take a 30-minute break, up to termination of employment. Meanwhile, they are pressuring you to get patient's discharged, most times no CNA support as one CNA has 10-20 patients, acuity levels not taken into consideration, total care patients and patients who require two people assist to ambulate. As soon as a bed is empty, it is being filled. I have discharged three patients all within 30 minutes of each other, and it takes housekeeping 10 minutes to stat clean a room, so my first patient arrives while I am discharging the second patient and the second one while I am discharging the 3rd patient. Oh, and patient number four needs a brief change and patient number five need to get to the commode. So on days like this when they want me to take an uninterrupted lunch is beyond me. Oh, and we are required to wear our "walkie" and respond while on lunch. Most nurses on the unit fear reprisal, so they clock out and don't take a meal break. The problem I see with that practice is that if you are injured on the job or make a mistake can you be assured the company will cover you. Probably not.

I am flabbergasted that a room can properly be cleaned in 10 minutes. I am going to go out on a limb and say it can't be properly sanitized in that time. Our housekeeping wipes down *every* surface - including all parts of the bed - and it takes about 40 minutes. More if a contact room.

That being said it is illegal to work off the clock. And you should start documenting when it happens and call the anonymous line for reporting so that there is proof that the hospital knows. And then report them if it doesn't change. At my hospital we have the buddy system too and it is doable 80% of the time. For the others you let the charge nurse know and they either approve no lunch or help out (in theory - some say "just make it work.")

No one I knows takes the 15 min paid breaks but that is because there are usually moments to run down to grab something or sit at the desk and take a breather most days that we don't feel the need to be formal about it.

Specializes in LTC & Teaching.
I live in Texas, and the organization that I work for is in the network of the hospital that the nurses sued. We are now mandated to take a 30 minute lunch period. However, they do not provide additional staffing to cover the period. So your "buddy nurse" has to cover your patients, which puts you at ten patients for 30 minutes. The latest they are saying is that when nurses do not take their break, it causes fractional overtime and that they will now start writing nurses up who do not take a 30-minute break, up to termination of employment. Meanwhile, they are pressuring you to get patient's discharged, most times no CNA support as one CNA has 10-20 patients, acuity levels not taken into consideration, total care patients and patients who require two people assist to ambulate. As soon as a bed is empty, it is being filled. I have discharged three patients all within 30 minutes of each other, and it takes housekeeping 10 minutes to stat clean a room, so my first patient arrives while I am discharging the second patient and the second one while I am discharging the 3rd patient. Oh, and patient number four needs a brief change and patient number five need to get to the commode. So on days like this when they want me to take an uninterrupted lunch is beyond me. Oh, and we are required to wear our "walkie" and respond while on lunch. Most nurses on the unit fear reprisal, so they clock out and don't take a meal break. The problem I see with that practice is that if you are injured on the job or make a mistake can you be assured the company will cover you. Probably not.

You raised several important points, outlining the reality of Nursing. I've said this before and I'll say it again, Nursing is one of the most Exploited, Abused and Discriminated against of any profession.

Nurses Are Not Slaves!

Nurses Are Not Slaves! : Residential Wellness

Specializes in NICU.

Since you already have it in your contract,they are violating the contract big time.Contact the organizer, file a grievance.Your meal break is not paid,so you are working for free.The 15 min breaks are paid breaks.Your meal breaks must be uninterrupted also.We had to enforce the uninterrupted part because of yes...interruptions by whomever. sigh nameless...

Your organizer will explain what steps to take,either petitions,walk outs ,whatever,but you must stay close as a group.You can not have one nancy nurse say:"well,I do not mind not getting a meal break".

I live in Texas, and the organization that I work for is in the network of the hospital that the nurses sued. We are now mandated to take a 30 minute lunch period. However, they do not provide additional staffing to cover the period. So your "buddy nurse" has to cover your patients, which puts you at ten patients for 30 minutes. The latest they are saying is that when nurses do not take their break, it causes fractional overtime and that they will now start writing nurses up who do not take a 30-minute break, up to termination of employment. Meanwhile, they are pressuring you to get patient's discharged, most times no CNA support as one CNA has 10-20 patients, acuity levels not taken into consideration, total care patients and patients who require two people assist to ambulate. As soon as a bed is empty, it is being filled. I have discharged three patients all within 30 minutes of each other, and it takes housekeeping 10 minutes to stat clean a room, so my first patient arrives while I am discharging the second patient and the second one while I am discharging the 3rd patient. Oh, and patient number four needs a brief change and patient number five need to get to the commode. So on days like this when they want me to take an uninterrupted lunch is beyond me. Oh, and we are required to wear our "walkie" and respond while on lunch. Most nurses on the unit fear reprisal, so they clock out and don't take a meal break. The problem I see with that practice is that if you are injured on the job or make a mistake can you be assured the company will cover you. Probably not.

This just infuriates me. Nurses are their own worst enemies. If you guys won't stand up for yourselves - all of you together, no one gets a free ride - don't blame anyone but yourselves for your situation.

And you probably don't need to try to explain or justify anything. Your stinking bosses know exactly what the scoop is. Stop letting them do this, stop doing it to yourselves.

Buddy nurse or not, if you wear a walkie and are required to respond while you are on break, you are not having an uninterrupted break. Blow them in to the DOL at the very least.

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