We are hearing a great deal of concern about meal and rest breaks at your facility and want to provide information about what is acceptable under the break law versus what should be reported to L&I.

This is lengthy but should answer most of the concerns at your facility. Any additional concerns can be emailed to your nurse rep, Brenda Balogh. The information included here is based on the complaints we are hearing from the members of this facility, and is not a summary of the entire law or every issue.

Regulating agency for missed breaks

The new law is being regulated and enforced by L&I (Labor and Industries). They are addressing all issues related to missed breaks, non-compliance with the break law, and retaliation towards nurses who are trying to take their breaks (more below).

Complaints related to the breaks must be filed by the affected nurse. Filing these complaints is protected activity and any retaliation will be investigated and addressed by L&I.

You can file a complaint here: https://secure.lni.wa.gov/wagecomplaint/#/

What is a violation?

Nurses are entitled to breaks based on the number of hours they work.*

12-hour nurses get 2 lunch breaks (30 min each) and 3 rest breaks (15 min each).

10-hour nurses get 2 lunch breaks (30 min each) and 2 rest breaks (15 min each).

8-hour shifts get 1 lunch break (30 min) and 2 rest breaks (15 min each).

*These may differ if you have waived a meal period, or if you working over 12 hours.

An Employer can be reported for a violation if they take adverse action against a nurse who is exercising their right to:

1. Take the lunch breaks they are entitled to have under the law
2. Accurately report missed breaks in the hospital tracking system
3. File a complaint related to a perceived violation
4. Expressing concerns about break relief to management

Adverse actions can include actions such as:

1. Suspension, termination, demotion, or denial of a promotion
2. Reduction of work hours
3. Oral or written warning
4. Reducing rate of pay

Waivers

Employers are allowed to offer waivers to skip one of the lunch periods. You cannot waive rest breaks.

These waivers must be initiated by the employee, and you cannot be coerced or forced to sign it.

Your waiver can be rescinded at any time by contacting HR and notifying them to remove it.

If you have been forced to sign a meal waiver against your will, been led to believe that you must sign it, have been threatened with discipline for not signing it, or have been told that you cannot rescind the waiver, please contact L&I. Based on individual circumstances, they may ask you to file a complaint.

Documenting missed breaks

Documenting missed breaks is critical for enforcing the break law.

If the Employer is not compliant, they can get penalized and have to make changes to ensure breaks. If nurses are not reporting their missed breaks, then the Employer will not be held accountable for failing to provide break coverage.

If you are told that you can receive discipline for reporting your missed break when no mechanism for taking a break has been provided, you can report retaliation as indicated above.

A note about breaks

Breaks are designated time that is free of interruptions and work related tasks. Please do not use this time to do charting, or to “catch up” on work.

If, for example, you hand off your patients to a break nurse, then choose to spend your break time charting, you cannot claim that you did not get a break at the end of shift.

We recommend that you leave the floor completely, or go to a break room, to ensure that your break time is separate from your working time.

If Management is unable to provide a nurse to assume care of your patients, or if you are a change nurse who is unable to leave the unit because there is no one who can cover your duties, then you should be reporting all the breaks you missed at the end of your shift.

Tips for completing an L&I complaint

1. Write a clear statement of the violation.  Examples: “I was retaliated against because I questioned management about breaks, and my hours were reduced,” or “I was disciplined for reporting that I missed breaks when no staff was available to provide my break.”
2. Gather facts about the staffing on the unit. For example, the number of patients, number of nurses, number of available break nurses, any staffing adjustments made after the shift started, relevant parties who witnessed or participated in your concern, etc.
3. Record the date, time, Charge nurse, and managers for that day.
4. Keep records of written conversations related to the incident being reported.
5. Review with your nurse rep prior to filing, if necessary.

Relevant laws and resources to review

Meal and rest break protections for certain healthcare workers. Labor and Industries Administrative Policy. HLS.A.2 (wa.gov)

RCW 49.12.480 Meal and rest breaks for healthcare facility employees.

RCW 49.12.483 Meal and rest breaks for health care facility employees – enforcement/penalties/retaliatory actions/appeals.

WAC 296-126-092 Meal periods-rest periods

If you have additional questions, please contact Brenda Balogh at bbaloghwsna.org.