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


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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