Restroom breaks at the workplace.

[TheHMan]

What is the name of your state?
Virginia

I'm working now for a health care company doing phone tech support. I drink a lot of water due to the nature of my work. (7 1/2 hours of talking) We do get our two 15 min breaks, with a 30 min lunch in the middle. However, 3 times a day just isn't enough for my restroom usage. I do have to go the bathroom more often.

Here is the question: My employer has threatened to fire me for my frequent restroom usage. Is this legal? I try to hold it to the point I can no longer hold it. Thanks!

 

[dogwood]

Im sure someone will

tell me if Im wrong, but I do not beleive they can fire you for restroom breaks, Im pretty sure its against Federal Laws. Dogwood

 

[Beth3]

OSHA standards require that an employer allow employees reasonable access to restroom facilities. I can't quote you the specific statute but if you want to research this, you can undoubtedly find it at www.osha.gov. Or you can give them a call.

Not knowing how many restroom breaks you're taking during the day and how long you're gone from your work station when you are, I can't say whether your employer is being reasonable or not.

 

[rmet4nzkx]

I have a feeling there is more happening here than meets the eye.

There have been numerous studies done of other populations of workers, eg. telephone operators where they are constantly talking on the phone with limited health breaks and for the most part, not allowed to have drinks at their work station, to avoid equipment damage, yet manage to work long shifts constantly talking without the constant use of water, usually relying on other methods such as chewing gum. Operators were usually scheduled breaks and allowed "specials" usually no more than one in a work period between breaks. These specials were rotated between operators with no more than 1 or 2 at any one time, so it meant having to signal your intention to the entire office.

My suggestions are this, look for some other method of moistening your mouth, and cut back on the water, water is a diuretic. Drink less water or take very small sips and swish it around your mouth. Try freezing the bottle of water and drink it as it melts, that will slow your consumption.

You may have also developed some habits, requiring the consumption of more water than needed for some reason, which is not uncommon. Look at these and see if you can adjust.

If you have a medical reason for frequent urination, see a doctor, they have medications to help with this and if this is the case you might qualify for an ADA accommodation, which might involve more frequent breaks and adjusting your work hours accordingly.

It may be both your employer and fellow emplyees complaining.

 

[cbg]

"tell me if Im wrong, but I do not beleive they can fire you for restroom breaks, Im pretty sure its against Federal Laws"

You are wrong. While OSHA requires "reasonable" access to restroom breaks, nothing whatsoever in either Federal or state laws prohibits an employer for taking action against an employee who is taking *excessive* breaks. The law does NOT say that an employee can take as many breaks as they want with no repercussions.

 

[HomeGuru]

tell me if Im wrong, but I do not beleive they can fire you for restroom breaks, Im pretty sure its against Federal Laws. Dogwood

**A: oh brother dogbreath, your bark is worse than your breath.