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Excessive Bathroom Breaks (Part 2)
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Excessive Bathroom Breaks (Part 2)
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
We have an employee in our department who takes lengthy bathroom breaks but is NOT on disability, etc. The manager asked where he was for such a long time of which his response was, "the bathroo
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Forums » Topic Forums » Legal Forum » Excessive Bathroom Breaks (Part 2)
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Excessive Bathroom Breaks (Part 2)
posted at 11/29/2011 12:10 PM EST
on Workforce Management
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Posts: 2
First: 11/29/2011 Last: 5/30/2012 |
We have an employee in our department who takes lengthy bathroom breaks but is NOT on disability, etc. The manager asked where he was for such a long time of which his response was, "the bathroom." Can he be disciplined and on what grounds? |
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Re: Excessive Bathroom Breaks (Part 2)
posted at 11/29/2011 3:33 PM EST
on Workforce Management
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Posts: 39
First: 11/7/2011 Last: 2/4/2013 |
Just because he's "not on disability, etc." doesn't mean he doesn't have some sort of medical problem. And no, just because he said he was in the bathroom when asked where he was for such a long time doesn't mean that he's not going to admit to a medical problem - he was asked where he was and he answered that question accurately and completely. You need to find out why he's spending so much time in the bathroom and then proceed accordingly. |
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Re: Excessive Bathroom Breaks (Part 2)
posted at 11/29/2011 4:28 PM EST
on Workforce Management
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Posts: 144
First: 9/21/2011 Last: 2/8/2013 |
Agreed.... a conversation needs to happen. it might not be a comfortable conversation, but it needs to happen because it is affecting his work performance. If it is a medical issue, then he should be given the documentation needed to decide if it falls under ADA with a reasonable accommodation. If it doesn't fall under ADA, then the employer has to decide how to deal with it. I would say it might also depend on whether he is exempt or not. And also how much interaction he has in his position with other employees (i.e. are they waiting on him to complete a step in their work flow, etc?) I would track how much time he is missing from work for a few weeks, so that you can show him a pattern. It is possible that he isn't paying any attention to a clock. |
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Re: Excessive Bathroom Breaks (Part 2)
posted at 12/7/2011 10:44 AM EST
on Workforce Management
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Posts: 29
First: 11/3/2011 Last: 2/11/2013 |
I would address this as a productivity issue and not turn it into a medical issue unless the emp. brings it up. If he/she does then I would treat as any other health issue. |
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