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I am not allowed meal break at work and I do work full time?

tots

tots

Location
Austin, Texas
I recently returned to work after a medical leave for my CD. I went back at the end pf my FMLA. I work retail and live in Texas.

I do not understand why I get scheduled for a 8.5 hour shift in which I am not
scheduled a lunch/dinner break! Why is this legal? ( I also do not get regular breaks)

When I returned to work- my Dr filled my form out and one requirement was being able to have a meal break! I don't think that is to much to ask, now i don't know where to turn to for help and I am just sliding back down hill with my symptoms!

Have you ever had this problem? how did you handle it?

Thank you,

Lauren
 
Cat-a-Tonic

Cat-a-Tonic

Super Moderator
I don't know the answer, but you may want to consult a lawyer who specializes in employment law. I'm not super familiar with the laws, but I'm pretty sure you're legally allowed a lunch break at the very least. At my workplace, we're entitled to a lunch break plus 2 shorter breaks. I'm not sure if that's the law though or just my workplace's policy.
 
Lisa

Lisa

Adminstrator
Staff member
Location
New York, USA
I just checked federal and Texas state law, and neither specify that meal breaks are required to be provided.

That being said, are there other employees scheduled to work the same hours who are given an unpaid meal break? If so that may fall under fair labor, but I am no attorney nor do I pretend to be one.
 
Cross-stitch gal

Cross-stitch gal

Moderator
Staff member
Location
Vancouver,
What part of retail do you work? I normally have been working on the register, and admit that there are times I have a horrible time getting anyone to cover me for breaks (either for coverage or other situations). Are you anywhere where there can be someone who covers you? It maybe time to talk to your HR or Manager/Store Director if you can't get any support.
 
fuzzy butterfly

fuzzy butterfly

Well-known member
Hi in the uk if you work more than 6 hrs a shift u are entitled to an half hour break. My half hr lunch is unpaid but my 2 ten minute breaks are paid. It can depend on employers about tea breaks but lunch break is the law here if you work more than 6 hrs. Google employment laws for your country n see if you can get any info there. Best wishes 💕
 
J

Justbeachy

If employer is aware of your disease they are required to follow ADA laws. Crohns and colitis fall under disability conditions.
 
my little penguin

my little penguin

Moderator
Staff member
Can you get unpaid meal breaks ???
Sometimes that is the difference .
Have you asked specifically for unpaid breaks and shown them the letter to the HR dept ( not just your boss )
 
maldg0945

maldg0945

Even if the state doesn't require a meal break or coffee break, you should be able to get one. Your medical state should allow it. I would look more into it & talk to your doctor more, figure out how to advocate for yourself. Thats just not right. You have rights with your disease!!!
 
tots

tots

Location
Austin, Texas
When I went back to work after my FMLA, my paperwork stated i needed to have a meal break. With 2 "man" coverage, we are not allowed to clock out.

So, I have a call into HR to see what I might be able to do.

I cant even believe that a few states do not have to provide an unpaid meal break, don't even mention a ten min break!

Thanks for your responses!

Lauren
Lauren
 
Cross-stitch gal

Cross-stitch gal

Moderator
Staff member
Location
Vancouver,
My biggest request at work is that no matter what, if I have to go, let me go! On top of that, they also know that if I have an accident at work I'm going home. The days I'm not feeling good when I get into work, the first thing I do is check the 15 minute chart to see who all is working with me and who is register trained in case I need to call them to cover me quickly.

I hope you're call into HR ends in success!!! Please keep us updated! :hug:
 
teeny5

teeny5

That is crazy. I live in California and it's required an employer give a meal break before your 5th hour. I hope your HR dept can help you sort it out. A good company will make the accommodation for you.
 
tots

tots

Location
Austin, Texas
I spoke to HR last week, I was told it would be taken care of ASAP, so far out of three shifts,
I have had one such break. Nothing like progress!

I spoke to my Dr, I am going to ask if I can work all day shifts instead of working so many different hours. Closing at 930 and opening at 830 am, i the its just hard on my old body!!

Thank you for all the advice and concern!!
It helps to know other people "get it"!!

lauren
 
fuzzy butterfly

fuzzy butterfly

Well-known member
Hi lauren. Keep bring it up that you need breaks. Get letters from Gp gi nurses anyone with any clout to back you up if need be. Hope they sort this out asap. Hugs n support 💕💕💋
 
ronroush7

ronroush7

tots said:
I spoke to HR last week, I was told it would be taken care of ASAP, so far out of three shifts,
I have had one such break. Nothing like progress!

I spoke to my Dr, I am going to ask if I can work all day shifts instead of working so many different hours. Closing at 930 and opening at 830 am, i the its just hard on my old body!!

Thank you for all the advice and concern!!
It helps to know other people "get it"!!

lauren
Click to expand...
Glad for you.
 
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