No Washroom Breaks at work: Legal?

[polak]

My girlfriend works in an office and her company just instituted a no bathroom break policy. They are literally only allowed to go to the washroom on their lunch hour. Is this even legal?

What a crappy company. Only reason they can pull this off is the economy out there and they know it. I really want to find out if there is something I can do about this.

[troutman]

http://vitalvegas.com/players-advant...no-experience/

[keratosis]

If you gotta go, you gotta go.
I can't see how they can possibly justify this.

[nik-]

Sounds like an awful place to work.

Is it all High School students or a sweat shop? They don't trust adults to not hang around in the washrooms?

[heep223]

What the....?

Uh no, that's definitely not legal. Why would they even want to do that? Jesus

[Coach]

Pee on the floor of the office.

[polak]

I know right!?!?!

Normal office. Normal adult workforce.

CRAZY management.

[peter12]

Any hints as to the company?

[Hessen]

Definitely look into it's legality.

There was a ruling last week in favour of employees when their company was making them stop billing time when going to the bathroom.

[polak]

Originally Posted by peter12

Any hints as to the company?

Sketched about getting her in trouble. It's a software company. I'm trying to find out more information from her regarding if this is company wide or her department or what the deal is.

I'm definitely going to be filing a complaint for her.

[Derek Sutton]

Originally Posted by peter12

Any hints as to the company?

Oh goodee, rhyme thyme is back.

[OMG!WTF!]

You should introduce the same rule at home. You shouldn't have to put up with that.

[troutman]

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.

[MillerTime GFG]

Yah...definitely illegal. I would look forward to management trying to stop me from going to the washroom. That is absolutely ridiculous.

[pylon]

If someone had no dignity and was looking for easy lawsuit material, this is a gold mine. Make sure you have the policy in writing, just absolutely crap yourself beyond all recognition at your desk, break out in tears and shame, and sue the company to the moon for not allowing you use the washroom.

I am totally against frivolous law suits, but would actually support one against a company so arrogant to say "You'll poo when we say you can poo."

[troutman]

USA:

http://www.workforce.com/blogs/3-the...athroom-breaks

Do you know that Occupational Safety and Health Administration protects the right of employees to go to the bathroom?

The OSHA standard tells you everything you would ever want to know about workplace bathroom facilities, including the minimum required per number of employees. Thankfully, it also forbids employees from “consum[ing] food or beverages in a toilet room.” (just in case your employees like to snack while taking care of business).

It’s not enough that employers provide toilets; they also must provide access for employees to use them.

OSHA standard mandates that “employers allow employees prompt access to bathroom facilities,” and that “restrictions on access must be reasonable, and may not cause extended delays.”

Nevertheless, employers shouldn’t be the potty police. When an employee has to go, an employee has to go. Unless an employee seems to abusing bathroom rights, or, like in Zwiebel, the breaks interfere with performance or production, let employees be.

[puffnstuff]

I would poop on the boss's desk.

[burn_this_city]

Who are these morons? Honestly what do they really think they're accomplishing besides alienating their staff? I'd blatantly ignore such a rule and be completely dismissive to anyone who questioned me about it.

[troutman]

http://work.alberta.ca/occupational-health-safety.html

[polak]

Damn, so it looks like there is no clear outlining that bathroom breaks are mandatory?