Sleeping on lunch break

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Specializes in Critical Care/Teaching.

I was working night shift (12 hr) as an agency nursing half way through my 4-week contract. Around 4:45am in the morning, I told the other nurse I was working with that I was going on break. After that I walked into the chapel in the hospital and rested my head with my eyes closed. I had my phone alarm set from exactly 20 min. After 10 minutes after I got to the chapel, the nursing supervisor told me that they have a no sleeping policy and after my shift I would not be welcomed back. I then preceded to tell her I was on lunch break and she informed that it did not matter.

Is this legal? Could I have said I was praying or meditating? I was in the in between state of relaxing and de-stressing, although it would have appeared to an outsider of sleeping!

Any insight would be helpful

Specializes in floor to ICU.

This is interesting. Do you clock out for lunch? I don't have the answer but will follow this thread.

You're better off not working at a place like that!! My hospital encourages "power naps" during lunch break or even during shorter breaks.

Specializes in LTC, Hospice, Case Management.

Are they paying you during your lunch break or deducting that 30 minutes? I would think if they are not paying you then you can do whatever you legally want to do.

Since you are new, and since policies do vary, I would have thought they might have cut you some slack. On the other hand, since you are new and since policies do vary, you might have confirmed that resting/sleeping is OK on your breaks before going ahead.

The facilities where I've worked that held sleeping on any part of your shift as grounds for immediate termination took the view that a break is a chance to get away from direct patient contact for a bit, but that you are still "on duty" as it were. If a patient suddenly took a turn for the worse, you had to be alert and ready to jump in, even if you were still technically on break. They felt that even a few minutes of sleep could jeopardize your ability to be at your best as quickly as necessary. This probably varies with individuals and could be argued, but this is likely the reasoning behind their policy.

Since you are new, and since policies do vary, I would have thought they might have cut you some slack. On the other hand, since you are new and since policies do vary, you might have confirmed that resting/sleeping is OK on your breaks before going ahead.

The facilities where I've worked that held sleeping on any part of your shift as grounds for immediate termination took the view that a break is a chance to get away from direct patient contact for a bit, but that you are still "on duty" as it were. If a patient suddenly took a turn for the worse, you had to be alert and ready to jump in, even if you were still technically on break. They felt that even a few minutes of sleep could jeopardize your ability to be at your best as quickly as necessary. This probably varies with individuals and could be argued, but this is likely the reasoning behind their policy.

That's probably a likely reason behind this particular facility's policy. Seems like a warning would have been more fair, though.

I could not benefit from a 15 minute nap. I'd be the one who could not jump in seamlessly afterward. My husband, on the other hand, is incredibly sharp and refreshed after his little power naps.

Specializes in SICU.

There are several legal things that some hospitals have rules against. They pay the money and get to make the rules. If you don't like the rules, then you don't have to work there.

At my hospital there are rules against leaving the hospital grounds during work hours, even on break. Going from one place to another is certainly legal, it will just get you disciplined. Leading to possible firing.

We also have a rule that no one is allowed to smoke on hospital grounds. Smoking is still legal at this time. If found smoking then again it will lead to being disciplined and possible firing.

The two rules together means for anyone that smokes, that if they can't smoke on hospital grounds and can't leave hospital grounds, they just can't smoke at all during working hours.

As for you situation, you have even less rights than a normal employee that would go though the disciplinary levels. You are a contract employee and they can and did cancel your contract for breaking the rules (as long as it is a rule). Does the hospital in fact have a no sleeping rule? You need to check the hospital handbook. If there is no such rule, then you have a case for a beach of contract.

Since you are new, and since policies do vary, I would have thought they might have cut you some slack. On the other hand, since you are new and since policies do vary, you might have confirmed that resting/sleeping is OK on your breaks before going ahead.

The facilities where I've worked that held sleeping on any part of your shift as grounds for immediate termination took the view that a break is a chance to get away from direct patient contact for a bit, but that you are still "on duty" as it were. If a patient suddenly took a turn for the worse, you had to be alert and ready to jump in, even if you were still technically on break. They felt that even a few minutes of sleep could jeopardize your ability to be at your best as quickly as necessary. This probably varies with individuals and could be argued, but this is likely the reasoning behind their policy.

This. If you need to sleep during your shift, you should not be taking the shift.

Specializes in ICU.

If you're in the bathroom or cafeteria during your lunch break, then it would take you a few minutes to get back to your crumping patient anyway. (running down the hall, up 5 flights of stairs, ... ) That's why someone is covering you!

Our lunch breaks were not paid at the last large hospital I worked at, so more than half of the staff would take a nap. Nurses, RT, secretaries. As the NOC shift moves towards days, the pace picks up and you need to be on top of your game. I think a cat nap can help keep you fresh. :)

You should have gotten a warning.

If you are not paid for your lunch you should be able to do what ever is legal, including leaving the facility or sleeping. If you can't leave then you should be paid for that 30 minutes. I believe the hospital is in the wrong to tell you what you can do and where you can go when you aren't on the clock. Though if you aren't unionized and work in an at-will state you could still be terminated for any reason.

if you are not paid for your lunch you should be able to do what ever is legal, including leaving the facility or sleeping. if you can't leave then you should be paid for that 30 minutes. i believe the hospital is in the wrong to tell you what you can do and where you can go when you aren't on the clock. though if you aren't unionized and work in an at-will state you could still be terminated for any reason.

it's legal to drink alcohol. should he be able to do that on a non paid break?

i'm being a bit facetious, but you've made a blanket statement which just doesn't hold true. employees must follow policies of their hospital. just because something is legal does not mean employees have carte blanche.

Specializes in FNP.

I'd just say id been praying and literally dare them to make an issue our of it. My husband is an attorney, so that would be hella fun, lol.

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