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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38502
Experience:  Retired (mostly)
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CALIFORNIA LAW REQUIRE I TAKE 2 TEN MINUTES FROM MY WORK IN

Customer Question

CALIFORNIA LAW REQUIRE I TAKE 2 TEN MINUTES FROM MY WORK IN 8 HOUR SHIFT. I GO TO BATHROOM 3 TO 4 TIMES A DAY FOR EACH 10 TO 15 MINUTES. DOES THIS COUNT THE 2 TEN MINUTES BREAK FROM MY JOB?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  socrateaser replied 4 years ago.
A bathroom break counts as a rest break. If you use the bathroom 3-4 times during your 8-hour shift, then you have used your rest breaks.

However, if you have a disability related to your bladder, prostate or kidneys that requires you to use the restroom more than twice each work day, then you can ask your employer for reasonable accommodations concerning your disability, and if there are at least 5 employees on the payroll, then your employer must allow the additional break time, or you could file a charge of disability discrimination with the California Department of Fair Employment and Housing (DFEH).

Please let me know if I can be of further assistance.

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Expert:  socrateaser replied 4 years ago.

Hello,

You opened a new Q&A session concerning the issue in this Q&A. I have closed that new session, and I will respond to you here, given that you never paid for this Q&A. You asked:

  • YOU ANSWERED ME THAT IF AN EMPLOYEE GOES TO THE BATHBROOM 3 TO 4 TIMES A DAY, THIS WILL SATISFY THE 2 (TEN) MINUTES BREAKS AS REQUIRED IN CALIFONIA LABOR LAW. DO YOU HAVE AN ARTICLE OR CITE THAT I CAN SEE , WHICH THIS EXPLAIN IT. BEFORE I GET IN TROUBLE. THANKS

 

A: I think you may have misunderstood my previous answer. Pleae permit me to clarify.

 

State law requires employers to authorize rest periods of specified minimum duration (generally 10 minutes of paid rest for every 4 hours worked). 8 Cal. Code Regs. §§ 11010–11150 ¶ 2 and § 11160 ¶ 1. Rest periods are to be permitted in the middle of the shift “insofar as practicable.” See 8 Cal. Code Regs. § 11010 ¶ 12(A).

 

Additionally, employees who work more than 5 hours in a day are entitled to a meal period of at least 30 minutes; and a second meal period of at least 30 minutes if they work more than 10 hours in a day. Cal. Labor Code § 512(a).

 

In other words, over an eight-hour shift, you are entitled to two 10 minutes rest breaks (no more -- no less) -- plus one 30 minute meal break. That gives you three separate opportunities to use the rest room during an eight-hour shift.

 

If you use the restroom more than three times during an eight-hour shift, your employer can discipline or fire you from your job.

 

There is an exception to the above: If you have a medical condition that requires you to use the restroom more than three times during an eight-hour shift, your physician is willing to certify your condition to your employer, and you make a written request to your employer that you receive "reasonable accommodations" for your disability. Then, if the employer refuses to grant you a fourth restroom break, then you can file a complaint with DFEH. Cal. Govt. Code, Title 2, Division 3, Part 2.8.

 

For more info on your rights to reasonable accommodations for a physical disability, see this link. To file a disability discrimination complaint, see this link.

 

I hope that I have successfully clarified your rights and obligations under California law.

 

Happy Holidays.

Customer: replied 4 years ago.

YOU ANSWERED ME THAT IF AN EMPLOYEE GOES TO THE BATHBROOM 3 TO 4 TIMES A DAY, THIS WILL SATISFY THE 2 (TEN) MINUTES BREAKS AS REQUIRED IN CALIFONIA LABOR LAW. DO YOU HAVE AN ARTICLE OR CITE THAT I CAN SEE , WHICH THIS EXPLAIN IT. BEFORE I GET IN TROUBLE. THANKS

Expert:  socrateaser replied 4 years ago.
My answer above explains the law in detail and provides citations to each and every relevant law and/or regulation. I don't know what else that I can provide, because I have already provided exactly what you have requested.

If I may suggest, take a copy of our conversation to your HR manager or Supervisor and ask him/her to discuss the issue with you. That may resolve the situation before it becomes a problem that threatens your job.

Best wishes.