Paid break when ee not even here

Ranger · July 2005

Our manufacturing ee's receive a paid 18 minute lunch break. One ee had a medical appointment (not wc) during her scheduled lunch break and was gone for an hour. So, she actually worked 7 hours, but wrote on her timecard 7.3 hours (she included the 18 minute paid break). Our current policy doesn't address this situation, so I will be rewriting it.

Have any of you ever experienced this? It seems every so often someone has to test one of our policies.

DeidreFR5 · July 2005

When I was at a nursing home, we paid for lunch - as long as the employee remained on the property and was available, if needed, for work. If they left, they punched out and were not paid for the time.

HRCalico · July 2005

If our hourly employees leave during their morning or afternoon 15 minute paid break, I tell them to punch out and it is then not paid.

LivindonSouth · July 2005

[font size="1" color="#FF0000"]LAST EDITED ON 07-12-05 AT 10:06AM (CST)[/font][br][br]I agree. If the ee leaves the facility/grounds, he/she should punch out. If they record their time by hand, they should be told that same rule applies to the manual time card.

Deidre, I am glad you got out of the nursing home. I had no idea! x:-)

Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.

LindaS · July 2005

The breaks for our manufacturing employees are paid as well and if an EE misses anytime during their shift, the amount of time they missed is docked. They do NOT add back in the time for their breaks. These are paid breaks, they are paid regardless of whether they actually take the break or not. This would be the same as someone telling me they worked through their break so they wanted to leave early; I would simply tell them "no".

WT · July 2005

Paid breaks are obviously paid time so the employer can direct the employee what to do during that time. Thus employees could be prohibited from leaving the premises, from smoking in a smoke free area, from playing cards (perhaps to root out gambling), or directed as to where they will take their break. Since breaks are paid time, they are not subtracted from the daily work time (actually FLSA rules preclude this). The other side of the coin is that such time should not be added if the employee "misses" a break. The only way an employer should agree to add such time is if such procedure is clearly spelled out in a collective bargaining agreement.

E Wart · July 2005

One other thought or way to look at it. If a person takes a break of less than 30 min., according to the FLSA, you have to pay them for this time. If 30 or more minutes, then it can be an "off the clock" break. I would also agree that for the on the clock break, the individual should be at the site, ready, willing and able to work, if needed (unless state law is different). Also, I would say that the individual must be at work and being paid for work before and after the paid break. (In other words, can't come in 18 minutes late and use it or leave 18 min. early or take a 1/2 day off and leave at meal time and claim they are owed the 18 minutes.)
I would say that this employee's absence doesn't have anything to do with the 18 minute paid break. This person was "off the site", not available or able to work during this period, was not working before and after the "supposed" break, and took more than the 30 minutes. So you would not be required to pay them for this time. (The more than 30 minutes by itself should be enough. The rest just sounds good and gives employee more to refute.)

E Wart

March22Collector · July 2005

The employee clocked out and left the premises. The employee knows that she was not at the work site during her break period (assuming that the break period is at a standard time and not at the descretion of the employee). The employee should not be paid for a lunch period that she obviously did not take during normal scheduled hours. In addition, the employee should be disciplined for falsifying her time sheet. This seems no different to me than if she had called in sick, then came to work and filled out a time sheet to get paid for that day.

Ranger · July 2005

This employee had the okay from her supervisor, so I don't feel comfortable disciplining the ee. Even so, I did tell the ee she will not paid for this 18 minutes and that the policy will be rewritten. I have talked to the supervisor and it will not happen again.

JM in ATL · July 2005

It never ceases to amaze me how people can be so crafty when trying/attempting to break the rules.

Pretty soon employee handbooks are going to look like Webster's Dictionary. #-o

Paid break when ee not even here

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