There's been a lot of information flying around about the new Washington state staffing law and how it affects you. While there are a lot of nuances to the new law, the concern that I've had come up most frequently in conversations with members is how it will affect breaks going forward. I'm going to 'break' it down for you.

The hospital has started using a sheet where you indicate when you are taking your breaks and whether you would like to waive the timing requirements around your first meal break. When you work a shift that is longer than 5 hours, you are entitled to a 30-minute unpaid meal break that the law says must start between two and five hours after the beginning of your shift. You are entitled to a second unpaid 30-minute meal period for every five hours you work after your first meal period ends. The law also recommends pre-scheduling breaks to assist with planning unit coverage for assignments. The hospital is aiming to hire break nurses to better facilitate safe breaks, as the "break buddy" system causes unsafe nurse-to-patient ratios.

Missed Break

If you are unable to leave your patient assignment because it would not be safe and there's no one to cover for you, make sure you notify your NTL. If they can't assist you with getting safe coverage for your break and the break is missed, you are entitled to be compensated for your missed break. Remember, you must be provided with uninterrupted meal and rest breaks. If you must respond to work phone calls or questions, this is not an uninterrupted break (RCW 49.12.480(1)(b)).

Waived Meal Break/Break Timing

If you know ahead of time that you don't want to take your 30-minute meal break within the two-to-five-hour time window, you are allowed to request to waive the timing requirements on your first mandated 30-minute meal break. This is part of the law, and it's part of your contract (Section 7.7). Waiving the timing of your meal break is not the same as missing your break! Waiving your meal break is something you do because you want to; missing your meal break is something that happens to you because of your unit's staffing and patient care situation. Document your missed breaks to ensure you are compensated appropriately. Your manager, NTL or anyone else in leadership cannot ask you to waive your meal break or the timing requirements of your meal break; it's up to you if you want to. You can also withdraw your meal break waiver if you change your mind.

Paid Rest Breaks

Beyond the meal breaks, you are entitled to a paid 15-minute rest break for every four hours worked. These rest breaks cannot be waived by you or the employer. If you cannot take one of your allowed 15-minute rest breaks, you are entitled to extra compensation, so please document all missed breaks! You are allowed to request combining one of your 15-minute rest breaks with one of your 30-minute meal breaks, but the hospital is legally allowed to deny that request. The law only requires the hospital to offer 10-minute rest breaks, but your contract expands that to 15-minute rest breaks in Article 7.7.

Breaks are your legal right, and you earn them through the hard work you do. The hospital has an obligation to provide you with adequate staffing to allow you to safely take your breaks. WSNA supports nurses getting proper rest, both physical and mental, on every single shift so you can give patients your best care and provide support for your colleagues.

If you feel like you are facing difficulty getting the breaks you are entitled to, whether it's due to staffing issues, intimidation or threats of retaliation, please get in touch with your WSNA rep via email (gchesterman@wsna.org), even if you would prefer not to escalate your concerns to management so I can maintain awareness of potential trends in different work areas. If you would like to bring your concern to the Hospital Staffing Committee for discussion and resolution, please fill out an ADO form online via the WSNA website (www.wsna.org/ado), and if possible, you may join us at our monthly committee meeting to present the situation.

Contact Grace Chesterman, WSNA Nurse Representative (gchesterman@wsna.org) or your local unit officers if you have questions.