Contract Language - Rest Periods
The Hospital will authorize and permit each employee a 15 minute paid rest period for each four (4) hours worked. An employee will receive a penalty payment consisting of an additional hour of pay at his/her regular rate of pay for any day in which an employee is not permitted to take a rest break as required by state law.
If it appears that an employee will be unable to take a rest period or a meal period that he/she has not waived, it shall be the employee’s responsibility to advise his or her manager (or designee) of this as soon as it becomes apparent, so that the manager (or designee) has an opportunity to intervene. If an employee is not relieved of duty (as required by law) during the meal period or rest period, the employee must advise his/her manager (or designee) in writing on the day of the occurrence.
It is the intention of the parties that this Article be administered and interpreted consistent with the requirements of California Wage Order 5.
Rest periods - A Timely Issue
A number of RNs have approached stewards requesting information on rest periods.
• Managers/ Charge RNs have told them that time spent using bathroom facilities is considered a break.
1 Q. What are the basic requirements for rest periods under California law?
A. California employees covered by the rest period provisions of the Industrial Welfare Commission Wage Orders must be provided with a net 10-minute paid rest period for every four hours worked or major fraction thereof. Insofar as is practicable, the rest period should be in the middle of the work period. If an employer fails to provide an employee a rest period, the employer shall pay the employee one hour of pay at the employee's regular rate of pay for each workday that the rest period is not provided.
2. Q. Must the rest periods always be in the middle of each four-hour work period?
A. Rest breaks must be given as close to the middle of the four-hour work period as is practicable. If the nature or circumstances of the work prevent the employer from giving the break at the preferred time, the employee must still receive the required break, but may take it at another point in the work period.
3. Q. My employer is not allowing me to take a rest period. Is there anything I can do about this situation?
A. Yes, there is something you can do if you are an employee covered by the rest period requirements of the Industrial Welfare Commission Wage Orders. If your employer fails to provide the required rest period, you are to be paid one hour of pay at your regular rate of compensation for each workday that the rest period is not provided.
4. Q. Can my employer require that I stay on the work premises during my rest period?
A. Yes, your employer can require that you stay on the premises during your rest break. Since you are being compensated for the time during your rest period, your employer can require that you remain on its premises. And under most situations, the employer is required to provide suitable resting facilities that shall be available for employees during working hours in an area separate from the toilet rooms.
5. Q. When I need to use the toilet facilities during my work period does that count as my ten minute rest break?
A. No, the 10-minute rest period is not designed to be exclusively for use of toilet facilities as evidenced by the fact that the Industrial Welfare Commission requires suitable resting facilities be in an area "separate from toilet rooms." The intent of the Industrial Welfare Commission regarding rest periods is clear: the rest period is not to be confused with or limited to breaks taken by employees to use toilet facilities. This conclusion is required by a reading of the provisions of IWC Orders, Section 12, Rest Periods, in conjunction with the provisions of Section 13(B), Change Rooms And Resting Facilities, which requires that "Suitable resting facilities shall be provided in an area separate from the toilet rooms and shall be available to employees during work hours."
Allowing employees to use toilet facilities during working hours does not meet the employer's obligation to provide rest periods as required by the IWC Orders. This is not to say, of course, that employers do not have the right to reasonably limit the amount of time an employee may be absent from his or her work station; and, it does not indicate that an employee who chooses to use the toilet facilities while on an authorized break may extend the break time by doing so. DLSE policy simply prohibits an employer from requiring that employees count any separate use of toilet facilities as a rest period.
6. For additional information on lunch and rest periods: go to www.dir.ca.gov/dlse/FAQ_RestPeriods.htm or contact your union rep.