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Meal Break Waiver update

What Nurses Need to Know

When it comes to filling out the form, nurses are wondering, “What do I do?”

Many of you have reached out to us with questions about the communication you have received from Providence about waiving the second meal period for nurses working 12-hour shifts. State law allows nurses working 12-hour shifts to take two, unpaid 30-minute meal periods per shift. Additionally, state law allows nurses working 12-hour shifts to waive the second meal period if they so choose.  The vast majority of 12-hour nurses choose to waive their second meal period so that they do not have to extend their shift by an additional 30 minutes to accommodate for the second meal period.

A nurse who currently chooses to waive their second meal period may elect to change their mind and take a second meal period and extend their shift length by 30 minutes to accommodate for the second meal period. The reason for this, is so you maintain your FTE into which you were hired.   The 30-minute shift extension does not result in an additional 30-minute of “work” time, but accounts for the 30-minutes of unpaid, nonwork time that the second meal period entails.

Likewise, a nurse who currently takes a second meal period may elect to waive their second meal.  Please note that 12-hour nurses may change their decision to waive or not to waive the second meal at any time.  You are not bound to keep waiving or not waiving your second meal period permanently. We recommend all nurses find out the correct process in making any desired changes to the form from their Nurse Managers, so you are ready to make adjustments to waive or not to waive should you need to.

Why did we receive the communication from Providence?

Please note that the law has not changed. Providence has indicated to us that it wants a uniform, electronic system so that it can track accurately those nurses who have waived their second meal period and those who have not.  Please fill out the form to capture what you wish to do.  We have been told by Providence that the electronic system will allow nurses to change their waiver choices as they may so choose. We are currently engaging in conversations with Providence to make sure the system allows this.

Please reach out to a local unit officer, or your nurse representative should you have any questions or problems with the waiver process.