Is it OK for an employer to limit bathroom breaks?

I currently work in a place of employment and we do not have scheduled breaks but asking for a bathroom break after working for 4 hours straight and being held off for another hour, sometimes 2 hours is outrageous. Most days im limited to 5 minutes to use the restroom within my 8 hour shift. Sometimes I don’t have any at all and would have to physically leave my station without persmission to go to the restroom. Please tell me this isnt legal.

Asked on September 4, 2015 under Employment Labor Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unfortunately, you evidently live in Indiana. Indiana is one of a few states less than one-third which do not require employers to give any breaks during work hour in your state, it is legal for your employer to give you only 5 minutes for the bathroom--or not to allow you to go to the restroom at all. Most employers do not do this, because even if they do not care about workers in a human sense, they realize that workers who are in distress from "holding it in" are less productive, and will allow reasonable bathroom breaks so employees can work more efficiently. However, an employer is allowed to be, frankly, stupid in this regard.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.