2011-2012 HR.504 Meal and Rest Periods 040910 REVIEW 083011

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Policy Name: Policy Number: Approval Date:

Human Resources Policies and Procedures Manual Working Conditions and Pay Meal and Rest Periods HR.504 04/9/2010 Approved by: L. Price Reviewed: 08/30/2011 Revised:

PURPOSE To provide supervisors with appropriate guidelines for meal and rest periods. POLICY A. It is the policy of IASIS Healthcare to comply with all applicable state and federal laws pertaining to employee meal and rest periods. Supervisors will schedule meal periods according to facility-specific procedures to accommodate operating requirements. Nonexempt employees may also be provided with a paid rest period from five (5) to fifteen (15) minutes two times per day as the workload permits. If rest periods are provided, supervisors will schedule rest periods according to departmental procedures to accommodate operating requirements, and will advise nonexempt employees of the regular rest period length and schedule. To the extent possible, such rest periods will be provided in the middle of work periods. Employees must not be absent from their work stations beyond allotted meal or rest period time. Meal periods and rest periods cannot be combined. There is no provision for leaving before the end of the shift if rest periods were not available. It is the policy of IASIS to grant all nonexempt employees who work a scheduled shift of five (5) hours (or longer) an unpaid 30 consecutive minute uninterrupted meal period. Nonexempt employees will be relieved of all duties, whether active or inactive. Consistent with applicable state and federal laws, it is the intent that this meal period will be unpaid because it is not considered hours worked. However, meal periods must be counted as hours worked and shall be compensated unless all of the following conditions are met: The meal period must be scheduled for 30 consecutive minutes or more; The nonexempt employee must be completely relieved from duty ; and

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The nonexempt employee must be free to leave his or her workstation or area. In the event that a meal period does not meet all of those conditions, the meal period will be counted as hours worked and shall be compensated. If a

nonexempt employee does not receive 30 consecutive minutes of uninterrupted time it will be considered time worked and will be paid. Answering a page or beeper, for example, or a work-related question from a supervisor is considered to be an interruption. Automatic Meal Deduction and No Lunch Punch for Nonexempt Employees: Because IASIS policy prescribes an unpaid 30 consecutive-minute uninterrupted meal period, the time and attendance system (API) has a feature that will automatically deduct a 30-minute meal period after an employee has been clocked in for five hours. Therefore, employees do not clock out for a meal period or back in when it is over. However, it is the policy of IASIS that no employee shall be subject to the automatic meal deduction unless he or she actually takes a full, 30-minute uninterrupted meal period, or works less than five hours in a work day If an employee who works five (5) hours or more in a work day does not take a meal period, or the meal period is interrupted or cut short for any work-related reason, the full 30 minutes must be recorded as time worked. In this situation, the employee is required to select the no lunch punch function key on the API Badge Reader on the same day as the interrupted/no meal period when they clock out for the day. If the employee does not take this action on the same day as the interrupted/no meal period, he or she is required to complete a No Lunch Time Edit form and give it to his or her supervisor, who shall sign it and forward it to the accounting department. It is the policy of IASIS that all employees must be paid for all time worked. In order to make sure that employees are paid, it is the employees responsibility to make sure the automatic meal deduction is cancelled. IASIS considers the failure of an employee to record a no lunch punch or complete a No Lunch" Time Edit form under this policy as a violation of this policy, a falsification of time, and subject to disciplinary action. Supervisors who suffer or permit an employee who works five (5) hours or more in a work day to interrupt or not take a meal period without compensation are also in violation of this policy. Example A: An hourly paid registered nurse begins a work shift at 7:00 a.m. At 12:00 p.m., she goes to the lunch room for a scheduled lunch break. The employee is interrupted by a page at 12:15 p.m. and responds by leaving the lunch room and returning to work. In this instance, the employee did not receive the full 30 minutes of uninterrupted time and the meal period must counted as hours worked. This employees time record is set up to automatically deduct a 30-minute meal period. In order for this employee to be paid for working through a meal period, the automatic meal deduction must be cancelled directly by the employee. Example B: An hourly paid registered nurse begins a work shift at 7:00 a.m. At 12:00 p.m., she goes to the lunch room for a scheduled lunch break. The employee is interrupted by a page at 12:15 p.m. and responds by answering the page and leaving the lunch room. After answering the page, she returns to finish her lunch at 12:25 p.m., and returns to her work station at 12:40 p.m. In this instance, even though the employee took a total of 30 minutes at lunch, she did not receive 30 consecutive minutes of uninterrupted time and the meal period must counted as hours worked. This employees time record is set up to automatically deduct a 30-minute meal period. In order for this employee to be

paid for working through a meal period, the automatic meal deduction must be cancelled directly by the employee. PROCEDURE A. Employees 1. When possible, take meal periods and any rest breaks in the cafeteria, employee lounge or similarly designated non-work areas (business premises should not be left during rest breaks). Return to work stations promptly at end of meal or rest periods. During meal or rest periods, do not interfere with fellow employees who are continuing to work. 4. Notify supervisor if unable to be relieved of all active responsibilities during meal periods. 5. If going off-campus during the meal period or any other time during his/her work day, a nonexempt employee must receive supervisory approval and must clock out prior to leaving the facility. 6. Select no lunch while clocking out in the event the nonexempt employee did not take a meal period, or the thirty minute meal period was interrupted or cut short for any work-related reason during the day. If this is not done on the same day as the interrupted meal period, complete a No Lunch Time Edit form and submit it to the Department Director. B. Supervisors 1. 2. 3. 4. Schedule employee meal and rest periods according to departmental procedures with appropriate regard for personnel needs and work load. Consult any facility-specific procedures. Sign any No Lunch Time Edit forms reflecting no lunch punches and forward them to the accounting department. Remind nonexempt employees of the no lunch punch procedures.

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