Regulated Bathroom break

My manger reprimanded me for using
the bathroom longer than 10 minutes
11 minutes. Working for this company
for over a year I was never aware
bathroom breaks were timed. I told her
I cannot control how long it takes for
me to relieve myself in the restroom. I
was wondering is this even legal?

Asked on March 24, 2017 under Employment Labor Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

While most FL employers provide meal and/or rest breaks, they are not legally required to do so. In other words, givng their employees such time is discrectionary, so they can choose to give it or not. Accordingly, unless otherwise provided by the terms of a union agreement or employment contract, an employer can monitor a worker's rest break so as not to have the employee abuse the privilege by going over the time allowed for such a break. That is so long as the empoyee's treatment does not constitute some form of legally acionable discrimination. For example, if an employee has a disability recognized by law, the Americans with Disabilities Act (the "ADA") requires employers to reasonably accommodate employees with disabilities. This may include providing the employee with more time to use the toilet facilities.

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