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

*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
  • Exception for an unforeseeable circumstance - you should be able to leave your phone and floor for your break
• 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)