Use of bathroom issue.

I have provided my employer with a note from my Doctor that states I have to
make frequent and sporadic bathroom breaks outside the two they give me I work
on the phones because of the medication I have to take. They have started
writing me up for going over on my time. Is that legal?

Asked on February 26, 2019 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

There is no hard and fast rule: it depends on how frequent and long your bathroom breaks are and their impact on your work. Example: you work an 8-hour shift and take out 5 minutes per hour for bathroom breaks--that should be reasonable, since it is less than 10% of the time and they should have to let you do this. On the other hand, say that you spend 15 minutes per hour in (or going to/coming from) the bathroom, or maybe go only 3 or 4 times during the day, but each time is 20 -30 minutes, then you are, quite simply, taking more time than the employer is required to give you; the don't have to employ (or pay) you to miss 20 or 25% or so of your work day. So it depends on the circumstances and impact. If you believe that your breaks are not too disruptive, contact your state equal/civil rights agency or the federal EEOC about filing a complaint.


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