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Paid Breaks At Work and Related Questions

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It is not necessary as per law for an employer to give an employee paid breaks. However, some employers give paid breaks to its employees, where the employer pays for the rest period of the employees. Below are a few questions that have been answered regarding paid breaks at work:

If a person is forced to take frequent bathroom breaks that was caused due to a medication, what should this person do?
In such a scenario an employee, as per the Americans with Disabilities Act (ADA), may request for reasonable accommodation. This would generally prompt the employer to ask the employee to provide details of the disability, accommodations that are needed and a description of the accommodations that would help with the employee's disability. Then, the employee should obtain a letter from the doctor with all the requested details mentioned on it. This letter should be submitted to the employer.

In the event an employee clocks out of work during working hours, can the employer deduct the employee's vacation time?
It is not necessary for an employer to allow an employee to take breaks. In the event employees are allowed to take 5-20 minute breaks; they would need to be paid for it. Lunch breaks are meal periods that an employee would not need to pay for. However, if the employee is required to perform some duties during that time; then the employer would need to pay for it. An employer may not need one to clock in and out if they are leaving the property. Vacation time may not be reduced to pay for the employee clocking out either, especially if the employee is tied to duties and required to return upon request.

Are employers needed to provide employees with breaks in the state of Florida?
There is no law in the state of Florida that would necessitate employers to provide any type of break to its employees who are 18 years or older. However, if the employees are minors, then as per Florida law, these employees should be given an uninterrupted rest or meal period of 30 minutes for every four hours of work done. Breaks that are 20 minutes or less are mostly regarded as hours worked and should be paid for. Lunch breaks that are longer than 30 minutes are not paid for. The employee may not be needed to do any work during lunch time if it is not a paid break. However, if the employee discharges some duties during lunch time, it would be considered as work time and would need to be paid for.

If employees are on paid break, should they be within the company premises if they are working in Colorado?
Unless the employer gives permission to the employee, a company would generally want its employees to stay within the premises if they are on paid breaks. As per Colorado law, any shift of five hours or longer should be accompanied with a 30 minute unpaid meal break. The employee should not be expected to work during this time.

In the state of Alabama, are employees eligible to receive two short breaks with pay and an unpaid lunch break?

There is no requirement in the state of Alabama for employers to give any break to employees who are 16 years or older. If there is a break of 20 minutes or less that is given by an employer, it should be a paid break. Lunch breaks that are longer than 30 minutes need not be paid for. However, the employee is also not required to perform any work related duties during the unpaid lunch break.

It is important that one is aware of one's rights regarding paid break. In case of any doubt, one may ask an employment lawyer who would be able to guide in the right direction.

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