Job Problems

[profchic88]

Hi I work for a call center and recently I've had some problems with my periods to where my doctor gave me a excused note to use the restroom frequently as needed. well at the time one of my supervisors told me to log off which means I still get paid it usually take @10-15mins to get cleaned up correctly I always stay over and leave late to help them but they told me 2days ago I would be getting my pay docked for all those bathroom breaks since I did not clock out of work to use them since I had a Dr note do you think this is fair for them to just take my money.PLEASE HELP

 

[Betty3]

I'm not sure just what you mean by frequently - how often is that? 10-15 min. can start adding up even though you have a doctor's note.

You said you stay over - how often & how long generally? You sound like a non-exempt employee & have to be paid for all time *actually* worked.

 

[army judge]

at the time one of my supervisors told me to log off which means I still get paid it usually take @10-15mins to get cleaned up correctly

I always stay over and leave late to help them but they told me 2days ago I would be getting my pay docked for all those bathroom breaks since I did not clock out of work to use them since I had a Dr note do you think this is fair for them to just take my money.PLEASE HELP

If you aren't working, why do you expect to be paid?

Let's say you take eight 15 minute potty breaks each day.
In an eight hour day, that means you're working 45nminutes and using the potty every 15 minutes each hours, all day long.
So, six hours of work time, two hours of potty time.

Is it legal?
I have no authority to make such a ruling.
If the employer is doing it, therefore employer must believe their actions comply with your state's labor laws.
The note from the physician says you should be allowed to use the potty when nature calls.
The note doesn't mean you must be paid for not working 25% of the day, just that you be permitted to use the potty frequently.

 

[cbg]

The doctor does not have the authority to provide you with an excuse. Outside of FMLA a doctor's note has no force in law. This is not FMLA. The doctor does not run the employer's business and the employer is not under any law obligated to give you unlimited bathroom breaks just because the doctor says so.

Under Federal law, breaks of under 20 minutes must be paid. So this is probably not legal. However, a doctor's note does not mean that you cannot be disciplined up to and including termination. So I suggest that you start watching how many breaks you take and how long you take for them, because that doctor's note has about as much force behind it as a note from me would.

 

[ElleMD]

Unless your condition rises to the level of a disability under ADA, they do not have to allow more frequent breaks. Yours could go either way. 15 minutes to take care of business is excessive, and without getting into TMI territory I know of which I speak. The doctor's note alone does not protect you and depending upon your job, it may not be reasonable for you to step out "as needed" or "frequently". If you truly have an ADA qualifying disability, then you need to get documentation from your doctor and request an accommodation under ADA. If that is the case and an accommodation is granted, other than following the law with regard to breaks and pay, time missed need not be paid, but you can not be disciplined for utilizing the accommodation.

If your condition falls into more of an inconvenience, you are still subject to the break rules granted by your employer. I would strongly suggest talking to your doctor to find a better solution (yes, they exist), not just for work, but your personal life as well.