New meal and rest break flexibility in 2026

Washington state law (RCW 49.12.480) requires hospitals to provide direct patient care employees with uninterrupted meal and rest breaks. These breaks may only be interrupted if there is an unforeseeable emergency or urgent patient-care situation.

Hospitals must keep records of any missed breaks, and as of July 1, 2024, most hospitals are required to report quarterly to the Department of Labor & Industries on their compliance. Critical access and certain rural hospitals will start quarterly reporting July 1, 2026.

What is changing next year

Starting Jan. 1, 2026, the law gives hospitals and employees more meal/rest break flexibility while still protecting workers’ rights. Most of these new options require a mutual written agreement (waiver) between the employee and employer that the employee may revoke at any time.

• Meal break for shorter shifts: Employees working shifts under eight hours may waive the meal break (if any). Requires mutual written agreement with the employer. The employee may revoke the waiver or agreement at any time.
• Meal breaks for longer shifts: Employees working shifts of eight hours or longer may waive a second and/or third meal break, as long as at least one meal break is provided and taken during the shift. Requires mutual written agreement with the employer. The employee may revoke the waiver or agreement at any time.
• Rest breaks: Timing of rest breaks may be adjusted. Rest breaks may not be waived and must be uninterrupted except in unforeseeable emergencies or urgent patient-care situations.
• Flexible timing: Adjustment may be made to the timing of meal and rest breaks to fit patient-care needs and workflow provided that the meal break starts no earlier than the third hour worked and no later than the second to last hour worked. Requires mutual written agreement with the employer. The employee may revoke the waiver or agreement at any time.
• Combining breaks: Employees entitled to more than one rest break during their shift may agree to combine meal and rest breaks. Requires mutual written agreement with the employer. The employee may revoke the waiver or agreement at any time. In these cases, the rest break is paid and the meal break may be unpaid if the employee is completely relieved of work duties.
• Reporting changes: Hospitals must report both missed and waived meal/rest breaks in their quarterly compliance reports to the Department of Labor & Industries.

These updates to the law aim to provide more flexibility in scheduling breaks while ensuring that hospital workers still receive proper rest and meal breaks. 

Source: RCW 49.12.480, as amended by HB 1879 (effective Jan. 1, 2026).