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troutman · 01-28-2016, 10:36 AM

http://thetyee.ca/News/2010/03/30/BathroomBreak/

As Jeffries looked back at what happened to him, he discovered British Columbia law fails to explicitly say employers have to allow bathroom breaks, an oversight he brought to the attention of Premier Gordon Campbell and Labour Minister Murray Coell in a letter earlier this year.

And while a labour lawyer says it's illegal to deny a worker a chance to use the bathroom, changes the government made in 2001 left workers to advocate for themselves, something many are uncomfortable doing.

http://www.ottawaemploymentlaw.com/2...ing-break.html

Is an employer required to pay its employees while they are “on break?” 'Not always,' says a recent decision from the Ontario Labour Relations Board.

In a decision released May 29, 2012, Aditya Birla Minacs Worldwide Inc v Bedore, 2012 CanLII 29017 (ON LRB) Vice-Chair Kelly Waddingham resolved that where an employee was free to leave her workstation and was not simply “on call” waiting to be put to work, she was deemed to be not "working" and therefore not entitled to be paid.

http://www.torontosun.com/money/2009...55406-sun.html

The general rule in Ontario is that an employee who has worked at least five consecutive hours is entitled to a minimum 30-minute meal break, although your employer may give you longer or more frequent breaks. Your employer is not required to pay you for this meal break. Of course, if you receive a weekly salary, payment during the meal break becomes irrelevant as you will still receive your weekly salary.

Strange as it may seem, employment standards laws in Ontario do not cover any other type of break. That means that it is up to your employer to determine whether and to what extent you may take a coffee or even a bathroom break!

http://www.qp.alberta.ca/documents/Acts/E09.pdf

Rest periods
18
Every employer must allow each employee a total of at least
30 minutes of rest, whether paid or unpaid, during each shift in
excess of 5 consecutive hours of work unless
(a) an accident occurs, urgent work is necessary or other
unforeseeable or unpreventable circumstances occur,
(b) different rest provisions are agreed to pursuant to a
collective agreement, or
(c) it is not reasonable for the employee to take a rest period.

01-28-2016, 10:36 AM	#13
troutman Unfrozen Caveman Lawyer Join Date: Oct 2002 Location: Crowsnest Pass Exp:	http://thetyee.ca/News/2010/03/30/BathroomBreak/ As Jeffries looked back at what happened to him, he discovered British Columbia law fails to explicitly say employers have to allow bathroom breaks, an oversight he brought to the attention of Premier Gordon Campbell and Labour Minister Murray Coell in a letter earlier this year. And while a labour lawyer says it's illegal to deny a worker a chance to use the bathroom, changes the government made in 2001 left workers to advocate for themselves, something many are uncomfortable doing. http://www.ottawaemploymentlaw.com/2...ing-break.html Is an employer required to pay its employees while they are “on break?” 'Not always,' says a recent decision from the Ontario Labour Relations Board. In a decision released May 29, 2012, Aditya Birla Minacs Worldwide Inc v Bedore, 2012 CanLII 29017 (ON LRB) Vice-Chair Kelly Waddingham resolved that where an employee was free to leave her workstation and was not simply “on call” waiting to be put to work, she was deemed to be not "working" and therefore not entitled to be paid. http://www.torontosun.com/money/2009...55406-sun.html The general rule in Ontario is that an employee who has worked at least five consecutive hours is entitled to a minimum 30-minute meal break, although your employer may give you longer or more frequent breaks. Your employer is not required to pay you for this meal break. Of course, if you receive a weekly salary, payment during the meal break becomes irrelevant as you will still receive your weekly salary. Strange as it may seem, employment standards laws in Ontario do not cover any other type of break. That means that it is up to your employer to determine whether and to what extent you may take a coffee or even a bathroom break! http://www.qp.alberta.ca/documents/Acts/E09.pdf Rest periods 18 Every employer must allow each employee a total of at least 30 minutes of rest, whether paid or unpaid, during each shift in excess of 5 consecutive hours of work unless (a) an accident occurs, urgent work is necessary or other unforeseeable or unpreventable circumstances occur, (b) different rest provisions are agreed to pursuant to a collective agreement, or (c) it is not reasonable for the employee to take a rest period. Last edited by troutman; 01-28-2016 at 10:41 AM.