Meal and Rest Break 

WSNA staff representatives along with RN nurse leaders Teresa Wren (ML) and Josh Black (NW) met with the employer to discuss a proposed waiver following the changes to the meal and rest break law and what you need to know about the law and your rights under the RWC here is the information we want you to know. WSNA has declined to sign an MOU with the employer, which we feel would remove many of these protections from the nurses moving forward. If you want to waive your second meal break make sure you request a waiver from your manager.

Rights under the RCW

This means that your first meal period is supposed to occur between hours 2 and 5 at the start of your shift. The employee has the right to REQUEST an alternative start time for their first meal period. Your break is to be uninterrupted. What this means is unless there is an unforeseeable circumstance you are to be free to leave your phone and leave the floor for your break. You are also supposed to be relieved for your break by another RN who has the same clinical qualifications and skills to care for the patients they will be monitoring. Buddy Breaks, while often used, will then place the staffing outside of the staffing matrix, so we need you to fill out an ADO/Staffing complaint form for that. If you are working a 10 or 12-hour shift, you are likely entitled to a second unpaid meal period (please see the above table). You can request a waiver from your manager at the start of your shift, to waive this second meal period. It is your right to revoke this waiver at any time before the end of your shift. You will have to work an additional 30 minutes to meet your FTE.

You are entitled to 1 15-minute rest break for every 4 hours you work. Your first rest break is to occur within the first 4 hours of the start of your shift you are not legally allowed to waive any of your rest breaks. You can with agreement from the employer combine your first rest and meal period.

Important items of note

If you miss a rest break, this means, it is uninterrupted or not provided in the time allotted, you are entitled to be compensated for that entire missed break. In addition, you are entitled to 10 additional minutes of pay for each missed break.

If you miss a meal break, this means it is interrupted or not provided within the time guidelines, you are entitled to be compensated for that entire missed meal break. In addition, you are entitled to an additional 30 minutes of pay for your missed meal period.

For further information on these issues, please visit https://www.lni.wa.gov/workers-rights/_docs/HLS.A.2.pdf.

If you have any questions or concerns about these changes to the law, please contact your nurse representative:

Ed Zercher (ML) EZercher@WSNA.org

Stephenie Troftgruben (NW) STroftgruben@WSNA.org