If the doctor said I should take extra breaks at work as needed, do I clock in and out for them?

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If the doctor said I should take extra breaks at work as needed, do I clock in and out for them?

Asked on August 27, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you will have to clock out/in for the breaks. While an employer needs to make "reasonable accommodations" to employee disability, having to pay the employee for not working is not considered reasonable. Your employer does not need to pay you when you are taking "as needed" breaks and not working, so you will need to clock in and clock out.
This is subject to a reasonableness test: a "breather" of a minute or two, taken a few times per day, you would not need to worry about clocking in or out. Five minutes or more at a time, or even "breathers" taken so often that they are adding up to 10 minutes or more per day, you have to clock in/out.


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