Understanding Your Meal and Rest Break Waiver Options

Washington's updated meal and rest break law https://app.leg.wa.gov/RCW/default.aspx?cite=49.12.480 provides healthcare workers with additional flexibility regarding certain meal and rest period requirements. But a waiver is a choice, not a requirement.

At Holy Family, the WSNA-negotiated waiver specifically states that any waiver must be agreed to by both the nurse and the employer before it is relied upon. The MOU further states that nothing requires a nurse to execute a waiver and that a nurse's waiver election must be voluntary.

Read the MOU here.

The new Holy Family attestation form gives nurses separate choices regarding meal-period waivers and the timing of meal and rest periods. Nurses may accept or decline the individual waiver options presented on the attestation form.

It is also important to understand that waiving a timing requirement is different from waiving the meal break itself.

🟦 KNOW YOUR RIGHTS

A WAIVER IS VOLUNTARY

✅ You choose whether to accept or decline a waiver. The Holy Family MOU states that nothing requires a nurse to execute a waiver.

✅ Both parties must agree. A waiver must be agreed to by both the nurse and the employer before it can be relied upon.

✅ Know exactly what you are waiving. Waiving the timing requirement for a break is different from waiving the break itself. The Holy Family form provides separate elections for different waiver options.

✅ You may change your mind. Under the Holy Family form, the nurse or employer may withdraw agreement to the waiver at any time, for any reason. The form provides that withdrawal is communicated in writing.

✅ Your union contract still matters. The Holy Family form specifically advises nurses that they may have additional rights under their collective bargaining agreement.

BOTTOM LINE

The waiver provides options. It does not take away your right to choose.

Before signing, understand which option you are accepting, what requirement you are waiving, and what you are declining. 

QUESTIONS:

• If I agree to work a shift LESS THAN 8 HOURS, can I waive the meal period? 
  YES. This is the only time that you can waive your 1st meal period.
• I never like to take a meal period. Can I waive them all? 
  No.  If you work 10 or 12 hours you are entitled to 2 meal periods (every 5 hours) . You must take the 1st meal period and you may waive the 2nd .
• I work 12 hours. I like the idea of 2 meal periods. What does this mean? 
  You would not sign a waiver for the 2nd meal period.
• When should I be allowed to take a meal? 
  The Five- Hour Rule-`your meal MUST commence no less than 2 hours and no more than 5 hours from the exact beginning of your shift.  You cannot legally be required to work more than 5 consecutive hours without starting your 30 min meal break. 
  Example: If your 12-hour shift begins at 0700, your first meal period must start between 0900 and 1200. Your second meal period would then need to be provided within 5 hours of the end of your first one.
• Flexible Timing- Under the updated law, employers and employees can MUTUALLY agree, in writing to bypass the standard 2–5-hour window. However, the law enforces strict boundaries even with a waiver. Earliest start: Meal break cannot start any earlier than the third hour worked. Latest start: The meal break must begin no later than the second to last hour scheduled on your shift. Example: On that same 0700-1930 shift (12.5 hours scheduled) a valid timing must begin between 1000 and 1730.
• What happens if it’s late or missed? 
  If your employer provides your meal outside of these legal timeframes- and you have not signed a waiver extending the window- the break is legally classified as untimely or missed. According to L&I enforcement guidelines, you are entitled to an additional 30 minutes of pay on top of your worked hours for every missed or non-compliant meal periods.
• What about breaks? Rest breaks cannot be waived and must remain uninterrupted except in specific, unforeseeable emergencies or urgent clinical circumstances that could cause significant adverse patient effects.
• If I signed the waiver attestation before, do I need to again? 
  YES!

Reporting Expansions: Hospitals must report both missed and waived breaks in quarterly compliance reports to L&I. 

If you have a further questions, reach out to Laurie Robinson, Nurse Representative 206-620-4136 or [email protected]