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Unpaid Break Time

Unpaid Break Time: What are my Rights?

When Employees Are Not Paid for Their Break Time ...

Unpaid overtime and unpaid break time are illegal tactics employers use to save money. If they don't compensate their employees for that extra hour of work, or if they don't allow employees to take breaks mandated by law, that is money that the employer can keep, which is illegal. Know your rights as an employee.

Can an employer require their employees to take their breaks off the clock?

Federal law does not require or mandate breaks. It is important to note that when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as work hours that should be compensated for and should be covered in the sum of hours worked during the work week. Therefore, these hours could be included when determining if overtime was worked. Some states do regulate breaks, so please check your local and state laws.

Can employees take breaks from work after giving birth? Will they get paid ?

The Family and Medical Leave Act (FMLA) mandates the process for employees who need to seek job-protected leave for specified family and medical reasons. The FMLA can be very helpful if you need to take time off from work because of family responsibilities. The first step is to ask your employer about the Family and Medical Leave Act benefits that they provide for their employees. The FMLA allows eligible employees to receive up to 12 workweeks of unpaid leave in a one year period for one or more of the following reasons:

  • For the birth and care of a newborn child within one year of birth
  • For placement with the employee of a son or daughter for adoption or foster care
  • To care for an immediate family member (spouse, child, or parent) with a serious health condition
  • For a medical leave when the employee is unable to work because of a serious health condition that prevents them from performing their essential job duties

To be eligible to take leave under the FMLA, you must:

  • Be employed by a covered employer (Employees covered by State Disability Insurance are also covered by Paid Family Leave Insurance)
  • Work 1,250 hours during the previous 12 months prior to the start of leave
  • Work at a location where 50 or more employees work at that location or within 75 miles of the worksite.
  • Work for the employer for at least 12 months. The 12 months of employment are not required to be consecutive in order for the employee to qualify for FMLA leave.

In addition to the FMLA, many states have similar laws which allow employees to take unpaid time off for pregnancies. For more information about the FMLA, visit the Department of Labor at: http://www.dol.gov/whd/fmla/index.htm

You can enforce your FMLA rights by bringing forth a private lawsuit. Please contact Mathew & George today for a FREE consultation.