Doctor-ordered breaks

thomas · January 2008

We have a 40 hour per week employee who was injured outside of work several months ago. As part of the FMLA process, we received certification from her health care provider verifying the need for a reduced work schedule (can work no more than 4 hours per day) as a result of her condition. In addition, the health care provider indicated the need for a 15 minute break each hour.

Under Washington law, employees shall be allowed a rest period of not less than 10 minutes, on the employer's time, for each 4 hours of working time. Are we obligated to pay for each break taken as a result of her health care provider's instructions?

LindaS · January 2008

Under the FLSA you are obligated to pay for any breaks less than 20 minutes. Based on the above restrictions, I would not allow the EE to return to work. In a four hour day, she will actually be only working a total of three hours - not good.

thomas · January 2008

Thanks for your comments. We thought the reduced work schedule was mandatory under the FMLA because it was medically necessary. Agree that 3 hours of actual work for 4 hours of paid work time is not good. Thanks again.

davids · January 2008

I don't think you are required to pay for the breaks other than the one break required by law. I have actually dealt with a similar issue and we required the employee to charge the 15-minute non-work time to her sick or vacation leave banks. However, I think you need to treat the employee consistent with how you would treat others who might need an additional 15-minute break during the day. For example, if an employee needed an additional 15 minutes to run an errand, would you pay the employee for that time?

Doctor-ordered breaks

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