No rest periods or restroom breaks!!!
I have not had any breaks (rest periods) or being allowed to go to the restroom since I started my new job as an activities assistant. Even though I started in the 3rd week of August, I have only worked there for 22-25 days. I was getting a little edgy and I thought, "This couldn't be right." I brought it up with my boss and she said that she will have to work on some kind of an arrangement. "Just so you know, it states on the State of California ( http://www.ca.gov ) that for every two (2) hours I work, I need a 10 minute break. So, I work 4 hours, that's two-10 minute breaks." I also learned that if I do not get any breaks the employer is to pay 1 hours' worth of pay for every 10 or 15 minute break I do not get. Oh, and I have one (1) 8-hour shift and my only break, is my lunch break. That's vent number 1.
I have been verbally disciplined when I have only been working at the job for about two weeks. I became overwhelmed and I did my share of crying. What triggered it, was the complaints from the residents' family member(s). I dislike, no I dispise failure and during my whole life I have run into more road blocks and failures that I have felt worthless. But I know I am not! Then just last week, I was disciplined again--the 1st piece of paper was the same as the 2nd piece of paper, but was considered two different issues. No tears, I was in control and I withheld my anger until I got home...through 45 minutes of traffic. I asked if I could have a copy of the two papers. I was denied and my boss informed me that she had to ask her boss if I could have a copy of the papers. And that was vent number 2 and 3.
I have discussed this situation with those who are very close to me and they suggested that I start looking for a new and different job.
So, did I put my venting in the correct (not "right") place?
Thank you
HR here. Stop the crying, its time to start looking for your next job. Lunches and breaks are never a matter of company policy, they are a matter of law.
The problem is that its a lot easier to get someone to listen to you if 30 of you walk into a labor board office rather than just you by yourself.
I did work for a company once that prior to my employment with them was fined was letting people go to lunch only "when they weren't busy".
Again, breaks and meals are not company policy but I would pretend that I was responding to treatment until I found something else. Its just easier to say Buh bye!
I take it you work in a Nursing Home or Intermediate Care Facility? If this is the case, many families are only looking out for their loved ones and I would too. The patient is paying thousands of dollars a month for supposed care and if they are not receiving it, they have the right to complain BUT it must be substantiated and with cause. Your employer cannot just reprimand you without just cause.
Your employer is not following the law when denying you your breaks. I have heard of nurses not being able to use the restrooms which results in urinary tract problems.
diehardsteelerfan:
You made me laugh very heartily, thank you for making me smile more today...especially before I have to go to work!
To Everyone: Thank you very much for all of your replies. I didn't know that I had made the font larger, sorry. OCSurfCity, I am not a care giver, I am only an activities assistant. I agree that "yes" the family members may complain, but they are complaining about activities that have changed without notice, pretty much out of my control. sameoldsong, as I have mentioned to OCSurfCity that I am an activities assistant and not a care giver. I am literally at the bottom of the ladder and many a day I feel like a heel. diehardsteelerfan: GO STEELERS! Thank you again.
Breaks... Wow, I've been a nurse in critical care for 9 years. During that time I have never gotten a 15 minute break, and can only count 4-5 times when I've actually gotten to take a 30 minute uninterrupted lunch. Most of the time I eat on the run. Grab a bite and take care of the next emergency. I'm so used to eating like this that I tend to eat standing up at home and wolfing down the food while it's hot just so I can sort of eat uninterrupted... I will on occasion take a few seconds out at work to pee. Healthcare is no picnic. It isn't like working in a factory where you take your breaks at a designated time. In healthcare, while you're on a break, someone could die. At least in the hospital setting this is the case. And also in healthcare, while you're on your break someone else is stuck taking care of your patients as well as his/her own.
I believe that labor laws differ for certain healthcare workers with direct patient care responsibilities, just as they do for police and firemen. How would you feel if your life was in danger (say someone is robbing you at gunpoint) and the police office who shows up to aid you suddenly decides it's time for his 15 minute break and sits down to rest? We take our breaks when we aren't busy or needed.
If you're getting written up its because you are doing something wrong. Family members can be a real pain to deal with and you must learn how to deal with them if you are going to continue in your position. My suggestion would be to find another job. If you're already complaining about breaks and getting disciplined in your first few weeks of employment, obviously, healthcare is not for you.
Erika- The break schedule doesn't apply if you're not working full days. I admit it has been a while since I worked hourly (and yes, it was in California) but as I recall, we got no break for a 4 hour shift and some sort of partial deal if we only worked a 6 hour shift. If you are working full days, however, then it is time to start looking elsewhere.
Tess
Thank you for the recent replies. For those who work in California may visit: http://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm . The following is from the first paragraph from this link and the second paragraph is from the last part.
In California, the Industrial Welfare Commission Wage Orders require that employers must authorize and permit nonexempt employees to take a rest period that must, insofar as practicable, be taken in the middle of each work period. The rest period is based on the total hours worked daily and must be at the minimum rate of a net ten consecutive minutes for each four hour work period, or major fraction thereof. The Division of Labor Standards Enforcement (DLSE) considers anything more than two hours to be a "major fraction" of four." A rest period is not required for employees whose total daily work time is less than three and one-half hours. The rest period is counted as time worked and therefore, the employer must pay for such periods. Since employees are paid for their rest periods, they can be required to remain on the employer’s premises during such periods. With respect to the taking of rest periods, an exception exists under IWC Order 5-2001, Section 12(C) for certain employees of 24-hour residential care facilities* who may have their rest period limited under certain circumstances. Another exception to the general rest period requirement is for swimmers, dancers, skaters, and other performers engaged in strenuous physical activities who shall have additional interim rest periods during periods of actual rehearsal or shooting. IWC Order 12-2001, Section 12 (C).
*According to my job title and position, I am not one of those "certain employees" because I am not a nurse or a doctor.
If an employer fails to provide an employee a rest period in accordance with an applicable IWC Order, the employer shall pay the employee one additional hour of pay at the employee’s regular rate of pay for each workday that the rest period is not provided. Labor Code Section 226.7 Thus, if an employer does not provide all of the rest periods required in a workday, the employee is entitled to one additional hour of pay for that workday, not one additional hour of pay for each rest period that was not provided during that workday.
The rest period is defined as a "net" ten minutes, which means that the rest period begins when the employee reaches an area away from the work area that is appropriate for rest. Employers are required to provide suitable resting facilities that shall be available for employees during working hours in an area separate from the toilet rooms.
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