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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 5 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption