There are some RNs, especially on the night shift, who think they can combine rest and meal breaks into one long sleep period. This is not legal.

There are some RNs, especially those working 12-hour shifts, who think they are entitled to two (2) meal breaks and still work only 12 1/2 hours a shift. This is not legal.

Here are the facts regarding combining breaks and meal breaks for employees (including RNs) working 10-hour and 12-hours shifts:

1. Combining breaks: Rest breaks and/or meal breaks cannot be combined. The rest break must be taken in the middle of the 4-hour work period (e.g.: 7p-11p; 11:30p-3:30a; 3:30a-7:30a) and cannot be combined with another rest break or a meal break. This is the law (State of California Wage and Hour rules).

The break cannot be taken at the beginning of the work period or at the end of the work period. In the absence of a real emergency, the break needs to be taken about two (2) hours into the work period. For example, the employee must take her/his break between 8p and 10p for the 7p-11p work period.

The purpose of this language in the State rules is so that the breaks provide a respite from work about every two (2) during the full shift. In the above example, rest breaks might occur at about 9p, 1:30a, and 5:30a, with a meal break at 11p-11:30p.

The State rules are very specific about not combining breaks, either rest/rest or rest/meal breaks.

2. Meal breaks for 10-hour shift and 12-hour shift employees: State wage and hour rules state that an employee must have access to a meal break for every 5-hours of work and that the break must occur in the 5-hour work period. Therefore, employees working 10-hour shifts or 12-hour shifts are eligible for two (2) 1/2-hour unpaid meal periods each shift. The employee must take at least one (1) 1/2-hour meal period each shift unless she/he works less than six (6) hours total for the shift.

If the employee wants two (2) meal periods, she/he must put the request in writing to the manager and the request must be "every shift or no shifts". In other words, the employee must always take two (2) meals breaks or always take one (1) meal break per shift. The employee cannot decide one day to take two (2) meal breaks and another day to take only one (1) meal break for the shift.

The RN who elects to take only one (1) meal break must then work a 12 1/2-hour shift, because the meal break is unpaid. If the RN elects to take two (2) meal breaks, she/he must work a 13-hour shift, because both breaks are unpaid. For example, the employee scheduled for a 12-shift starting at 7p must work until 7:30a if taking one (1) meal break. The employee must work until 8a if taking two (2) meal breaks.

Here is an example of rest/meal breaks for a 12-hour shift employee who chooses to take two )2) meal breaks: Start work at 7p. Rest break at 9p. Meal break at 11p-11:30p. Rest break at 1:30a. Meal break at 3:30a-4a. Rest break at 5a. Finish work at 8a.

Here is an example of rest/meal breaks for a 12-hour shift employee who chooses to take one (1) meal break: Start work at 7p. Rest break at 9p. Meal break at 12mn-12:30a. Rest break at 2:30a. Rest Break at 5a. Finish work at 7:30a.

These rules are not negotiable and cannot be waived. They are State mandated. They apply to all employees. Breaks are not intended to provide a sleep period for employees. They are intended to provide a "respite" from work and time to eat.

ECH is required by law to see that these rules are followed. Don't get into a situation where you may be disciplined for not taking your breaks when offered. If a true emergency occurs that prevents you from taking a break (time management is not an emergency, however maintaining ratios is an emergency) don't forget to put Code 45 on your time card (and complete the Code 45 notification form). Code 45 is also State law. It is not negotiable and you cannot waive it.

I hope this clarifies when and how rest and meal breaks can and must be taken.