QUESTION

Is it alright to have to take time for bathroom breaks out of another break time?

Asked on Oct 22nd, 2012 on Labor and Employment - Oregon
More details to this question:
N/A
Report Abuse

3 ANSWERS

I do not know that the employer is required to give you a separate bathroom break. You should use the bathroom when you are on break. If you have to ALSO go at another time, most employers understand, but they could discharge you for being out of your work area. It sounds like you are trying to make trouble by pushing for what you believe are your rights. If so, this is unlikely to help you in the long run. You could end up feeling like you won the battle, as you stand in the unemployed line.
Answered on Oct 24th, 2012 at 9:50 PM

Report Abuse
Steven Lee Miller
Here is the rule: your employer must "make available", a 10 minute rest break for every 4 hours, or fraction thereof when you work. That means, sometimes you have to ask, can I go on my break, as if you don't ask, it could be use it or loose it. Rest breaks are on the clock. Meal breaks, unlike rest breaks, are off the clock. to these are your only 2 different types of breaks. the meal break would be made available if your shift is greater than 6 hours, and it should be taken at the 5 hour mark.
Answered on Oct 24th, 2012 at 9:19 PM

Report Abuse
Administrative Law Attorney serving Sherwood, OR
3 Awards
While break times are provided for employees to relieve themselves, they have a right to use the restroom when they need to do so. If the employee has a medical condition requiring more frequent use of the restroom, they should request a reasonable accommodation from their employer, provided the employer has enough employees to be covered by ADA.
Answered on Oct 24th, 2012 at 7:22 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters