restroom breaks

[shortsgtt]

What is the name of your state? GA



Hello everyone, I have a slight problem at work, but I'm not sure if this violates any labor laws. I work at a daycare facility. Lately I've been working 10 hours without a break. I know I'm suppose to receive a break, but it doesn't bother me if I don't get a complete break to eat. My problem is I can leave the children in the classroom alone, so when I have to use the restroom I have to hold it. I'll call my boss and ask her to break me or send someone in the room so I can go, but she says she doesn't have any teachers to spare. My former boss and her assistant would come stay in the room while we took lunch breaks or restroom breaks, but this manager will not. Is it illegal to force someone to stay in a classroom 10 hours, or for any amount of time without using the restroom when they're stating they have to go? Thanks for your help.

 

[Beth3]

If your State is like mine, then there are significant licensing and operating requirements that the State mandates for child care facilities. They include the ratio of teachers to children based upon the ages of the children, how many restrooms must be provided, nutrition requirements, distance to each exit, natural light transmission and so forth. If there aren't enough teachers to allow one to cover for you for a few minutes to use the restroom, then something's wrong.

It's doubtful GA employment laws require an employer to offer breaks to employees of 18 years of age or over but your State's child care licensing requirements may require teachers to be relieved of duties at certain intervals.

If you don't know who the licensing agency in GA is for child care centers, then on Monday call your State's DOL and inquire. If they don't know, then call the Governor's office - someone there will know for certain. When you have that State agency's phone number, then give them a call and inquire about this.

 

[cbg]

Neither Federal nor Georgia employment law requires that you be offered any breaks of any kind, so any relief (pardon the pun - it was only semi-intentional) for you will be in industry regulations or in any contract you may be operating under.

 

[hexeliebe]

Depends

 

[shortsgtt]

Depends, That's very funny. I'm thinking about it. Actually it just seems if we're being forced to work 10 hours a day without restroom breaks that has got to be illegal. I thought I heard about a class action case against an employer because they were refusing restroom breaks, and the workers had to resort to wearing depends. Some workers were getting u.t. and kidney infections. But I can't remember where or when I heard about this much less what the outcome was. Thanks for everyone's reply.

 

[hexeliebe]

You and the other teachers could always get together and rent port-a-potties to be placed in the classroom. Then I bet the administration would take notice...as well as your neighbors, the children and the guy down the street with the sensitive nose

 

[Beth3]

Actually, I believe there was a recent OSHA standard or guideline that was issued about allowing employees restroom breaks. The old standard stated that restrooms must be provided to employees, not that they be allowed to use them.

shortsgtt, I do believe however that pursing information on operating standards from GA's licensing bureau for child care centers may provide the information you need.

 

[cayla99]

I remember laughing about this in college, but i think it was in the 70's the supreme court ruled that we have the constitutional right to tinkle. It was a case about whether or not an insurance company had to pay out when the robbery occured while the required guard was in the restroom.