Is an employer required to give an employee restroom breaks, when the privilege is being abused?

At my workplace there is an employee who takes the "average" restroom breaks that any one else does, but also takes 3-4 additional breaks a day that are an extended period. The employee will come into work at 8am, clock in and be in the restroom for 15-20 minutes. After our hour lunch (not paid) the employee will clock in, and head straight to the restroom for another 15-20 minutes. Usually at some point in the afternoon he will go in the restroom again for another 15-20 minutes. Keep in mind that in between these extended period restroom breaks he is using the restroom. What can we legally do? Can we make him clock out, or do something to limit the breaks? I wouldn't be surprised if he uses close to an hour and a half of his 8 hour work day in the restroom.

1 answer  |  asked Dec 3, 2012 2:00 PM [EST]  |  applies to Ohio

Answers (1)

Bruce Elfvin
An employer is required to accommodate a disability and is not required to publish the accommodation to other employees, so I am not certain what are the underlying facts. If it is merely abusive behavior by an employee, the employer is allowed to make reasonable work rules to be observed by all employees. The restroom breaks that are above and beyond what other employees take can be addressed by requesting that the employee clock out and at least not clock in from lunch and disappear. A difficult issue as it is subject to abuse on both sides. The specific facts will be important and the type of policy will also be important.

posted by Bruce Elfvin  |  Dec 3, 2012 2:37 PM [EST]

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