What we want our WSNA Members to KNOW

September 1 is almost here, and management is gearing up to begin their new practice of asking nurses to clock in and out for meal breaks. We want our valuable nurses to know, this change in practice is management’s way to ensure they are compliant with the staffing law, and not because of any ask by WSNA. This is the employers decision, the employer’s choice. This new requirement for nurses to clock in and out is not a mandate by the law specifically, it’s management’s way of ensuring THEY are compliant with the required reports of the staffing law. If nurses clock in and out, then management will have to data to prove they are in compliance for the required reports they must submit. WSNA encourages nurses to document their clocking in and out times accurately.

However, many of you have numerous questions around what this now means? To help provide quick clarity to our hard-working nurses, several common questions were identified with direct, informative, answers below. If your questions are not addressed with what is below, email Nurse Rep Jaclyn Smedley BSN, RN at jsmedley@wsna.org

In this important update, look for hyperlinks to the Rest Break MOU, the WA State Labor and Industries Administrative Policy as well as pertinent RCWs for additional information!

• I finished my lunch, and now I want to head back to work. Can I clock back in early?
  NO. You must take your full lunch break. 
  
• I ate my lunch at the nurses station because it was slow. Therefore, I feel like I got my break. 
  NO. You did not get a break. Nurses must be fully relieved of all duties and be able to leave the floor to take their rest break or meal break with no interruptions. Per section 4 of the State of Washington Department of Labor and Industries Administrative Policy HLS.A.2. “Meal periods must be paid if the employer requires the employee to remain on duty on the premises or at a prescribed work site and to act in the interest of the employer”. Therefore, as stated above, unless you are fully relieved of ALL duties to go away and rest for 30 minutes, you have not received your meal break. In these instances, nurses should put in for a missed meal break. The same is true for rest breaks. Finally, nurses should only hand off their patients while going on break to another nurse with equal or higher licensure.  Nursing aids/CNAs/MAs are not an appropriate relief to take patient assignments while an RN is away on break. 
  
• I was not able to pass off my Vocera and had to wear it during a lunch break, but I was still able to get away and eat my lunch. I was not called. Does this mean I missed my lunch break?
  YES. Wearing a Vocera while on a break, is not a break. Nurses must pass off the Vocera to another nurse who can fully relieve them of their duties. If you are unable to pass off your Vocera, and give report to another RN, and you take your break wearing vocera, that is a missed break. That time should be accounted for and documented via ADO. Per the law, only under certain, limited circumstances can a break be interrupted. See RCW 49.12.480 .  Interrupting a nurse’s break or wearing a Vocera while on a break (meal or rest break) should never be an acceptable practice or considered adequate means for receiving a break. 
  
• I didn’t get my lunch between the third hour to the (sixth for 8 hr RNs, seventh hour for 10 or 12 hr RNs). Now what? 
  This means you have missed your lunch break. Nurses need to put in for a missed lunch break and be paid for that lost time. The same is true if management schedules nurses to have a meal break BEFORE the 3^rd hour of work. Because the meal period must begin by the 3^rd hour or later, then this meal break is too early and is not considered a valid meal break. Nurses should document this instance as a missed meal break, unless they are offered another meal break after the 3^rd hour. 
  
• If I get my lunch after the seventh hour (six for 8 hr RNs), then do I still put in for a missed lunch break? 
  YES. If your lunch occurs after this time, it is considered to be too late and is therefore missed. Nurses should get 30 mins of pay as penalty pay, because they now have technically missed their meal period. (Click here to view the full MOU) See also the chart in the State of Washington Department of Labor and Industries Administrative Policy HLS.A.2 page 9.
  
• What happens if I don’t get a lunch break AT ALL during my shift?
  Nurses should receive one full hour of pay if they don’t receive a lunch at all during their shift. How does that work? Here’s the math. Nurses should receive 30 minutes for missing the meal period (penalty pay) as stated above, THEN an additional 30 minutes for the work they preformed by not taking a meal break. See the State of Washington Department of Labor and Industries Administrative Policy HLS.A.2 page 8.
  
• When should I receive a rest break?
  For every four hours of work, nurse should receive a paid rest break. Per section 8 of the State of Washington Department of Labor and Industries Administrative Policy HLS.A.2 rest breaks do not need to occur at a specific point in the four-hour period and can be scheduled at any point during the period in which the rest break is due. (RCW 49.12.480).
  
• How do I file a claim with Labor and Industries if I feel my rights have been violated?
  To file a claim with Labor and Industries, you can file online through the FileFast tool on their website, or you can call 1-877-561-FILE (3453). The official L&I website is lni.wa.gov, and you can access the FileFast tool by visiting the link below:

• I am worried about retaliation if I put in for a missed meal or rest break.
  Per section 17 of the State of Washington Department of Labor and Industries Administrative Policy HLS.A.2 employers may not take any adverse action against employees for exercising their rights to meal and rest breaks. 
  
• What if I feel I have experienced retaliation?
  Nurses who believe that their rights have been violated may file a complaint using the Department of Labor and industries website. Any other questions around application of the law or administrative policy can be directed to either your Nurse Rep or HealthcareLaborStandards@lni.wa.gov 
  
• Management has asked me to take a higher patient load than I can handle.
  Communicate this concern with your nurse manager right away and then fill out an Assignment Despite Objection form (ADO). Remember, if it’s not documented, it didn’t happen. Nurses must fill out an ADO any time they are put in an unsafe situation or are required by management to operate outside the staffing matrix. Additionally, operating outside the staffing matrix is a violation of the staffing law. Be sure to include on the ADO “I was unable to take a safe break and maintain compliance with the staffing matrix” 
  
• Is it important I fill out ALL the information on ADOs when submitting them?
  Do as much as you can, however if you miss a question or two that’s okay. What’s important is getting the issue documented and submitted to the Hospital Staffing Committee so compliance can be enforced.

Key takeaways:

• Do not abandon your patients. If you cannot be fully relieved to take a break, then put in for the missed break, fill out an ADO, and receive compensation for the missed break.
• Do not clock out if you haven’t provided a full report to another RN assuming care.
• Before accepting patients, be sure to receive a full report FIRST.
• Don’t say you got a break, if you didn’t. Not only does this harm you, but it is also false. Any break, either missed or not, should be accurately documented.
• If you don’t get a meal or rest break, fill out an ADO. The hospital will begin to see who is getting breaks, and who isn’t. ADOs create paper trails for enforcement and data to possibly increase staffing. Document, document, document.
• If you miss a meal or rest break, ensure it’s claimed and paid appropriately.

Questions? Contact WSNA Nurse Representative Jaclyn Smedley at jsmedley@wsna.org.