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Crystal Anderson

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Randi Neff

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Michele Christianson

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Rosie Robertson

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Katie Mahony


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Meal and Rest Break Waivers

Our union has heard from several nurses that management is requiring nurses to sign a meal and rest break waiver. We want our nurses to be informed so please know this- meal and rest break waivers are OPTIONAL. Nurses are not required to waive any breaks, and we encourage you to ask management if what you’re being asked to sign is required or optional. Our union has sent communications to nursing leadership that we demand to meet about the implementation of these waivers and will have more information for you as this issue progresses. Learn more about meals and rest breaks below!

Our Rights under the RCW

Break periods

*Depending on the timing of meal periods. An employee cannot be made to work more than 5 hours without a meal period.

What should I know about break requirements?

  • The first meal should be between hour 2 and hour 5 at the start of your shift
  • Nurses have the right to request an alternate start time for their first break
    • This may be referred to as waiving the timeliness of a meal period
  • Breaks are to be UNINTERRUPTED
  • Buddy breaks should not be used
    • This is when a nurse with an assignment covers your assignment.
    • This practice is generally unsafe and will result in staffing plans being outside of compliance
  • Nurses working 10 or 12-hour shifts are likely entitled to a second unpaid meal period (see table above)

You can request a waiver from your manager at the start of your shift, to waive this second meal period or the timeliness of your first. It is your right to revoke this waiver at any time before the end of your shift. You will have to work an additional 30 minutes to meet your FTE or use PTO.

You are entitled to 1 15-minute rest break for every 4 hours you work. Your first rest break is to occur within the first 4 hours of the start of your shift. You are not legally allowed to waive any of your rest breaks. Rest breaks per WAC 296-126-092 shall be scheduled as near as possible to the midpoint of the work period.

What happens if I miss a break?

If you miss a rest break, this means it is interrupted or not provided in the time allotted, you are entitled to be compensated for that entire missed break.  In addition, you are entitled to 15 additional minutes of pay for each missed break..

If you miss a meal break, this means it is interrupted or not provided within the time guidelines, you are entitled to be compensated for that entire missed meal break. In addition, you are entitled to an additional 30 minutes of pay for your missed meal period.

For further information on these issues, please visit https://www.lni.wa.gov/workers-rights/_docs/HLS.A.2.pdf.

Questions? Contact WSNA Nurse Representative Alle Machorro at amachorro@wsna.org (Brenda B. is out of office through April)

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Resources and tools

Document unsafe conditions

If you find yourself in a situation that you believe creates unsafe conditions for patients or for you, you should complete a Staffing Complaint / ADO Form as soon as possible.

By completing the form, you will help make the problem known to management, creating an opportunity for the problem to be addressed. Additionally, you will be documenting the facts, which may be helpful to you later if there is a negative outcome.

WSNA also uses your ADO forms to track the problems occurring in your facility. When you and your coworkers take the important step of filling out an ADO form, you are helping to identify whether there is a pattern of unsafe conditions for you or your patients at your facilities. This information is used by your conference committee, staffing committee, and WSNA labor staff to improve your working conditions.

Learn more

Representation rights

As a union member, you have the right to have a representative present in any meetings with management that could potentially lead to disciplinary action against you.

If called into a meeting with management, read the following to management when the meeting begins:

If this discussion could in any way lead to my being disciplined or terminated, I respectfully request that my union representative be present at this meeting. Without representation present, I choose not to participate in this discussion.

Find out more about this crucial right and how to exercise it to ensure your fair treatment and protection.

Learn more

Continuing education offerings

Enhance your professional competency with WSNA's free online courses.

Earn CNE contact hours through topics like Cultural Humility, Telehealth Assessment, Workplace Violence Prevention, and more. Convenient and self-paced, our courses provide practical knowledge for your daily work. Expand your skills and stay up-to-date with the latest nursing practices.

Visit cne.wsna.org