Bathroom breaks and the law

[goldenheart]

toilet Hello! I need help finding out what the laws are for employees needing frequent restroom breaks. I am from WA. and how do you turn in a co. that refuses to cooperate? cussing Anything will help jester

[jaime15]

I don't know for sure. OSHA, maybe. They are the Occupational Safety and Health administration. I don't know if they can directly help you or if they are the right choice.
But they could probably scare them into doing the right thing. No one has the right to say when you can or can not go pee.
I'm furious for you.
But if you hold it, you're going to make yourself in more pain.
Maybe you'll get more posts and their ideas might help more.
I wish you luck. Remember~It's your body. They are discriminating against a handy cap you have.
Maybe just a letter from your doctor might help the situation. grouphug

[Katrina]

I think the law is that they don't have to give you breaks (as in to eat or whatever) but do have to let you go to the bathroom as much as you want. I have a book on this but since we are moving it is already packed, sorry. Regardless DVR could possibly help you, if you are able to get help from them. Good Luck.

[Kelly A]

I don't know if legally it is considered a disability, probably varies by state. Try the Dept of Labor in your state for state laws. If it is ADA (American Disability Act) then I believe they have to accomodate..
check with your MD ..

[rjyoon]

Yes, it definitely would be covered by ADA. You need to be recognized as "disabled" (by your doctor, I believe), and it has to be a "reasonable accommodation" for your employer & job. For example, I test software, and it makes no difference if I go to the bathroom frequently, as I stay & get the work done. If my job were security screening, my leaving my post would mess up traffic flow, so it wouldn't be considered "reasonable".

[auntiedeb]

They have to let you go to the bathroom and there is a law out there, that they have to give you breaks to eat and 15 minute breaks torest. over 6hours, you get one half hour lunch and one 15minute break. over 7 hours , you get 2 fifteen minutes breaks and half hour lunch. I am furios that they won't allow you to go the bathroom. Please get a drs note stating that you need to use the bathroom when you have to go. I am lucky that my work accodmates me and let me go to the bathroom. I am a cashier and I have to be near the bathroom at all times. Ihave a drs note. You have a medical conditon and they cannot deny you privalages to the bathroom. That is cruel Call the labor board.

[willoweyes]

They definitely HAVE to accomodate you. I have a fairly new job and am working as a cashier in a busy store. Since I told them when I was hired and put it in my app. that I have health considerations that require I use the bathroom I get no problems although I can SEE the frustration on SOME of the floor managers faces. So, it's gotta be law too or this company would definitely fire me. Get a doctors statement and then try going on line to www.justice.com and check your states labor laws. Although, I think labor laws are under federal jurisdiction. Also take a good look at any employee handbooks you may have . . . use their words to make your case. I am also having major flairs which I have not had in a long time . . . so they are having to deal with frequent absences and as long as I bring that doctors statement my supervisor says I am okay. Remember USE the system that is in place and make the changes that way. It'll be easier on you. Also remember that frustration and stress will only make things a lot worse on your IC. Take care and let me know if I can help find anything for you.
willoweyes

[auntiedeb]

I am so lucky to have a wonderful supervisors and managers understanding that I need to use the bathroom with my health issues. I am a cashier also at Walmart in Walpole MA. I asked to be near the bathroom the day after Thanksgiving, that is our busiest day. Jeff said he would put me on one of the express registers. I do have drs note to back me up. They tell me not to hold it, if I have a long line, I put my light on and Marica or Jeff will jump on for me. I trust them. Thanks for sharing that link willow eyes. I bookmarked it too.

[marsha24]

I am the Admin. Asst./HR person for the company I work for in SC so I have to keep up on the laws and such. State laws for breaks vary by state. In SC, we are an "at will" employment state. That basically means you can be let go for any or no reason at all and can do nothing about it. On the reverse, you can leave a job without notice with no repercussions.I found out recently that in SC, any breaks, bathroom or otherwise, is considered a company choice, not a law...but they "strongly suggest" lunch breaks and such. Now, on the federal level, the ADA guarantees you the right to accomodations if you have a disability and have dislosed it to the company. Get in touch with your HR person and see what your state laws are and what the company requires (as in Dr. statement and such) to have to accomodate your disability. If that doesn't work, get with the labor board or possibly a lawyer who can give you the facts on what the company must provide.