Kadlec Meal and Rest Break Waivers: Know Your Rights!
WSNA and Kadlec have reached agreement on updated meal and rest break waiver language and election options. We want every nurse to understand what these options mean, when breaks are legally required, and the choices available to them.
Why are nurses being asked to complete new waiver questions?
Effective January 1, 2026, Washington state law was updated to clarify meal and rest break waiver options for covered healthcare employees.
Under RCW 49.12.480, waivers must be voluntary, documented in writing or electronically, and maintained by the employer. Nurses must be informed that their participation is voluntary and that additional rights may exist under their collective bargaining agreement.
WSNA and Kadlec have agreed upon updated waiver questions and options intended to comply with these legal requirements while allowing nurses to make informed decisions about their breaks.
WSNA's agreement to the waiver language does not mean WSNA agreed that nurses should waive their breaks. The agreement establishes the options available. Whether to accept an eligible waiver remains an individual nurse's choice.
What does Washington law require for meal and rest breaks?
Meal periods: 30 minutes, unpaid when completely relieved of duty
Under WAC 296-126-092:
- Employees working more than five hours must be allowed a meal period of at least 30 minutes.
- The meal period must normally begin no earlier than two hours and no later than five hours after the start of the shift.
- Employees cannot ordinarily be required to work more than five consecutive hours without a meal period.
- Additional meal periods may be required depending on shift length, meal timing, or when an employee works three or more hours beyond their normal workday.
- An unpaid meal period requires the employee to be completely relieved of duty.
Example: If your shift begins at 7:00 a.m., your first meal period would normally need to begin between 9:00 a.m. and 12:00 p.m., unless you have voluntarily agreed to an applicable timing waiver.
Rest periods: 10 minutes, paid
Under WAC 296-126-092:
- Nurses must receive at least 10 minutes of paid rest time for every four hours worked.
- Rest periods should normally occur as close as possible to the midpoint of the work period.
- Without an applicable timing waiver, employees cannot be required to work more than three hours without a rest period.
- Rest periods are paid time and should be free from work duties.
For example, a typical 12-hour shift requires three paid 10-minute rest periods, while an eight-hour shift requires two.
Healthcare employees have additional protections requiring uninterrupted breaks, with limited exceptions for qualifying unforeseeable emergency or clinical circumstances.
Understanding your meal and rest break waiver options
The waiver questions address different situations. It is important to understand what you are agreeing to before making your selections.
Option 1: Waiving your first meal period on shifts of less than eight hours
Washington law allows an eligible nurse working a shift of less than eight hours to voluntarily waive the meal period that would otherwise be required.
- Accepting means you are agreeing not to take that meal period when the waiver applies.
- Declining means you are not agreeing to waive the meal period.
- This is an individual choice, not a requirement based on your unit's scheduling practices.
Important: If you work exactly eight hours, that is not a shift of less than eight hours. This option does not permit you to waive your first meal period on an eight-hour shift.
Option 2: Waiving a second or third meal period on shifts of eight hours or longer
Longer shifts may require additional meal periods, depending on the length of the shift and when meal periods occur.
Washington law allows eligible nurses working eight hours or longer to voluntarily waive their second or third meal periods, provided at least one meal period is actually taken during the shift.
- Accepting means you agree to waive an eligible additional meal period.
- Declining means you retain the applicable additional meal period requirement.
- Retaining an additional unpaid meal period could affect the scheduled end time of your shift.
- This option does not waive your first meal period on an eight-hour or longer shift.
Option 3: Waiving meal period timing requirements
This option is different from waiving the meal period itself.
Normally, your meal period must begin between the second and fifth hours of your shift.
Under RCW 49.12.480, an eligible nurse and employer may voluntarily agree to different timing, provided the meal period begins:
- No earlier than the third hour worked, and
- No later than the second-to-last scheduled hour of work.
For example, on a 7:00 a.m.–7:00 p.m. shift:
- Without a timing waiver, the first meal period would normally begin between 9:00 a.m. and noon.
- With a valid timing waiver, a meal period could be scheduled later, within the limits permitted by law.
Accepting this option changes when your meal period may occur. It does not mean you are giving up the meal period itself.
Declining means you are not agreeing to the alternative timing requirements.
Option 4: Waiving paid rest period timing requirements
Normally, paid rest periods must be scheduled as close as possible to the midpoint of each four-hour work period, and nurses cannot ordinarily be required to work more than three hours without a rest period.
The healthcare law allows nurses and employers to agree to alternative rest period timing, including permitted combinations of meal and rest periods.
For example, depending on the applicable agreement, a nurse may elect to combine paid rest periods or take a paid rest period adjacent to a meal period.
- Accepting means you agree to the permitted scheduling flexibility.
- Declining means you retain the normal rest period timing requirements.
- This option does not mean you are agreeing to give up your paid rest breaks.
Even when rest periods are combined with an unpaid meal period, the rest period portion remains paid time.
Waiving a break is YOUR choice!
You are not required to agree to a waiver because your unit has difficulty providing break coverage.
Staffing shortages, high patient census, limited break coverage, or established unit practices should not be used to pressure nurses into waiving their breaks.
A waiver must be voluntary. The employer's responsibility to provide appropriate break coverage does not disappear because coverage is difficult.
You can change your mind at any time!
If you have already completed the waiver questions, your selections are not permanent.
You have the right to withdraw a waiver election at any time, for any reason.
If you wish to withdraw an election, notify your manager or core leader in writing and retain a copy for your records.
You do not have to justify why you no longer wish to waive an eligible break or timing requirement.
A waiver does NOT mean working for free!
A voluntary meal period waiver is not an agreement to have unpaid time deducted from hours you actually worked.
For example, if you work a six-hour shift without taking an uninterrupted meal period, completing a waiver does not authorize an automatic 30-minute unpaid deduction.
All time worked must be accurately recorded and paid.
If you worked through a meal period, or your meal period was interrupted, accurately report that time through the required timekeeping and break attestation process.
Never report that you received a break you did not actually receive.
What if your unit cannot provide your break?
If you want to take your meal or rest break but cannot because of staffing, patient care responsibilities, or lack of coverage, that is not the same as voluntarily waiving a break.
Notify your supervisor, accurately report the missed or interrupted break, and complete an Assignment Despite Objection (ADO) when appropriate.
WSNA encourages nurses to report situations where they are pressured to waive breaks or instructed to record unpaid meal time despite continuing to work.
WSNA continues to advocate for meaningful break coverage
The negotiated waiver language is intended to establish legally compliant options while preserving nurses' ability to make informed, voluntary choices.
It is not intended to replace Kadlec's responsibility to provide appropriate break coverage or excuse ongoing staffing barriers that prevent nurses from taking their breaks.
WSNA continues to monitor break compliance through the Hospital Staffing Committee and the contractual Break Compliance Review MOU.
If you have questions about your waiver selections, want to withdraw a waiver, or have concerns about how the process is being implemented, please contact:
Jennifer Jackson, RN
WSNA Nurse Representative
[email protected]
206-809-5023, Ext. 3139
Remember: Your waiver elections are voluntary, you can withdraw them, and you must be paid for all time worked.