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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111655
Experience:  20+ Years of Employment Law Experience
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What are my rights the bathroom? I was called in

Customer Question

What are my rights for using the bathroom? I was called in the office for using the bathroom. But i follwed the rules that are in place. Make sure theirs 2 people in the department to cover and tell a supervisor where you are. But i was called into the office and told that i go to often and that i was being timed. One of the times i was in there for 20 mins. So they said but I was have some women issues. Now i feel like im being watched and timed.
Submitted: 6 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.An employer has a right to reasonably control the time the employee goes to the bathroom as this is at will employment. Unless the employee has s legitimate permanent disability documented by a doctor and requests reasonable accommodation under the ADA the employer can restrict bathroom breaks within reason to break times or lunch period
Customer: replied 6 months ago.
My job is a sit and on the phones for 7 hours a day. Im trying to drink enough water to be regular. Do i need a doctors note, so i wont have to feel harassed?
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.You need more than just a doctors note, you need the doctor to explain your permanent disability that would entitle you to a reasonable accommodation under law, the Americans with disabilities act. The employer is not paying an employee to be in a bathroom 20 minutes or even once an hour. The law allows for 2 breaks a day and lunch breaks at discretion of the employer and I am afraid the employer can set reasonable times for someone they are paying to work to go to the bathroom