Breaks in Illinois
HR Mouse
53 Posts
Does anyone have a Break Policy already written? We don't have one at our company, just one for Lunch Breaks. We have not had too big of a problem with people taking too many cigarette breaks until recently. My supervisor would like to have a Departmental Memo written up with a Policy on Breaks - something simple like, "You are allowed two 10 minute breaks per day - one can be taken before your Lunch Break & one can be taken after your Lunch Break. You will not be allowed to combine your two breaks into one long break or break them up into several more smaller breaks......" We do not pay the employees for lunch, but we would be paying them for their breaks.
Any help is appreciated!!!!
Comments
Contact the DOL and find out what the laws are exactly for your state. Then I would present that at a meeting along with something saying you are allowed to take 2 10 minute breaks daily. I believe Federal Law states 1 10 minute break for each 4 hours worked paid and minimum 1/2 hour unpaid after 5 1/2 hours worked but it may not be that exactly. Breaks can be funny things-depending on the industry. A number of companies, and federal agencies allow for 15 minutes-5 minutes extra to get to and from the break, but that isn't required.
I've worked in offices where everyone was allowed to take their breaks all at once-but together, other offices where the breaks were scheduled, other offices where no one seemed to care when people went on breaks and other offices where you had to sign in and out. You got paid, but they tracked your break times. I also worked at one office where bathroom breaks became a problem-management started complaining that some employees were taking excessive bathroom breaks and wanted to make it so that the only time an employee could use the bathroom was on their 10 minute break, then someone called the DOL and they were told you can't tell people they can't go to the bathroom(this might be state specific)
Contact the DOL and find out what the laws are exactly for your state. Then I would present that at a meeting along with something saying you are allowed to take 2 10 minute breaks daily. I believe Federal Law states 1 10 minute break for each 4 hours worked paid and minimum 1/2 hour unpaid after 5 1/2 hours worked but it may not be that exactly. Breaks can be funny things-depending on the industry. A number of companies, and federal agencies allow for 15 minutes-5 minutes extra to get to and from the break, but that isn't required.
I've worked in offices where everyone was allowed to take their breaks all at once-but together, other offices where the breaks were scheduled, other offices where no one seemed to care when people went on breaks and other offices where you had to sign in and out. You got paid, but they tracked your break times. I also worked at one office where bathroom breaks became a problem-management started complaining that some employees were taking excessive bathroom breaks and wanted to make it so that the only time an employee could use the bathroom was on their 10 minute break, then someone called the DOL and they were told you can't tell people they can't go to the bathroom(this might be state specific)
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DOL is a federal agency and will not (competently) help you with state law in my experience.
There is no Federal break or meal time law that applies to non-government employers.
you are right! I was going by what I was told when I worked for the USPS-in the state of Colorado-which after researching has state laws-but there is not a federal law that requires breaks(I ought to know better than to believe anything I'm told LOL)
http://www.ehso.com/cssdol/dolbreaks.php#federal
http://www.ehso.com/ehsodol.php?URL=http%3A%2F%2Fwww.dol.gov/esa/programs/whd/state/rest.htm
these might help the original poster
thank you for pointing out my error-and helping me learn something new 