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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33081
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My name is ***** ***** and i was wondering if there is any

Customer Question

Customer: Hi my name is ***** ***** and i was wondering if there is any regulation or instruction regarding how many "breaks" you get in an 8 hour work day in the navy. We're on shore, but we don't get lunch breaks during our because we are on watch. so i was trying to figure out if there was anything regarding regulated breaks, since we dont get a lunch
JA: Thanks. Can you give me any more details about your issue?
Customer: We work 8 hour days without lunch breaks. Which is fine, we get food and eat at our workstations, or just bring in a lunch. Been at my command for 2 years, and there hasnt been an issue with smoke breaks till recently we have a new chief who only allows us 2 smoke breaks per 8 hour watch. Was told by someone else that we are allowed 10 minutes per hour, but i have not seen the instruction so i wasn't sure if that info is viable.
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Submitted: 10 months ago.
Category: Military Law
Expert:  P. Simmons replied 10 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma.
And even more sorry to be the one to bear bad news...there is no law that requires any "breaks" for Naval personal.
Such a regulation would limit a commanders ability to operate his or her unit to accomplish their mission.

That said, it is a requirement that a commander look out for the best interests of their subordinates.

If you believe that your chain of command is not taking care of you? Not giving you adequate "off" time? You can raise this to the attention of your commander, via the "request mast" process.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that there were some rule requiring breaks, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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