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Verify the labor laws in your area. Approach HR with that. The lunch break is likely a violation. Also check any policies you have regarding working hours and breaks. My staff are 40 hour salaries employees and I can’t force them to work through their mandated break. As far as documentation, that is a part of their 40 hours as well as seeing their caseload of patients.
I meant federal labor laws and then policies in your area.
I think meal periods are mandatory and unpaid. So if you work 8-4:30 it’s 8.5 hours because a 30 minute meal break is built in. Now they may not say you don’t get a break but your workload may not allow the break. That’s different. Just let them know you’ll be taking a 30 minute lunch as required and some work may not get done as such.
So I believe that this is correct. My staff and myself are scheduled 42.5 hours to include 30 minutes lunch per day assuming they are working the other 40. So if you are scheduled only 40 hours that may not include a break. And if that is not mandated by law in your area you may not have any recourse other than adding a couple hours per week
To your work day to take a lunch break.
Rising Star
Get a work-from-home job. My sister had these issues. Now she works from home, makes $120k, naps during the day, takes walks, eats whenever she wants. Healthcare sucks. Sorry to be blunt.
Rising Star
She worked for a non-profit making $30k and did a lot of research projects with them. They liked her. Taught her how to be a data scientist. Then they offered her the job and that income. Took about 2 years of interning at low pay. Look into data analytics and coordinating research projects for healthcare fields or whatever. It’s all work-from-home and good pay. Project Management too.
Also, as far as documentation time goes, there's an expectation to do point of service (doc while with the pt as part of the session). I made sure on weekly notes I spent that session with the patient updating their goals/ progress, etc with them. It's completely appropriate to involve them in that process and be documenting during the treatment. I'd just let them know we have to update your progress note today, let's see how you're doing with your goals... I've never had a patient complain about that.
Most understand/have received medical care long enough to know we have to document things for medicare/insurance. Also, be sure you're counting the eval write up as part of your actual evaluation time. A lot of clinicians tend to miss that. If you're only being scheduled for like a 30 min eval and 30 min tx on eval day, but it takes you 50 min to complete the eval total (with the write up) include that 50 mins under the eval code. This will help your productivity, and also show your manager the typical time needed to complete an eval. Then you can more meaningfully talk to them about scheduling concerns. ...finally, sounds like your HR person isn't very helpful. I'd go back to them, ask for a meeting with you, the manager and regional manager to discuss how to make this work for everyone (if you want to take things that far)... sounds bad, but I'd also be documenting my conversations/dates and follow ups...just in case.
I would reach out to OSHA , labor commission , I would not clock out for lunch and have them pay me the fine for not allowing me a lunch or break.
Leave?
Years ago when I worked med surg the admin suddenly said you go to lunch at this time, and put it on a schedule. We all know that does not work. That’s how they might cover themselves. “I’m not sure why she’s not taking a break when one’s scheduled for her.”
Well I left and got a significant salary bump with the next next job
One of the downsides of doing salary. You are expected to work as much as you need to get the work done. I would switch to hourly.
Pretty sure federal law requires a lunch break, but to your point that might only be stated for hourly employees, but Adlai check your employee handbook. I worked an OT job with an hour commute one way too and totally get where you're coming from. I'd have an honest conversation with your manager stating your commute time plus a full 8hrs work time, without time for eating/breaks to meet productivity isn't sustainable, as you end up with a10 hr day minimum (which is more like 11hrs cause nothing goes smoothly). See if they're willing to only schedule you for 7hrs/ day or change you over to hourly, PRN, or something where you have more control over your total time/day. If not, I'd look elsewhere. It's not worth being a slave to someone else's demands. There really are too many other options out there. If they really want to make it work they'll work with you.
I don’t mind that the documentation be completed during the work day, but I added it to clarify that there is no break at all for any reason. It appears that there are no federal laws for breaks and nothing required by my state, unfortunately.
They are required by law to give you those breaks but they do not have to be paid breaks. They would have to have those breaks added in if you request it but they will prob then add 2.5 hours to your week so you’re still treating 40 hours.
Pro
Past employer tried to do this, employees consulted with a lawyer who confirmed that employer was violating California labor laws. If your state doesn’t have any, not sure what else can be done… next step would be go to the press lol.
Yes, just take it. They are required by law to give you a 30 min lunch break and two 15 min breaks. You said “some of us,” so I am going to assume you work with a group of people, so get together and make up a lunch break schedule and someone goes, the others cover that persons duties. If you have a patient schedule after every three or four patients, put a TBA patient in there (Tom, Bob, Amy-lol) and use that time to catch up with documents. It doesn’t seem like management is asking, so don’t be telling them stuff they never ask in the first place. Get together with your crew and work it out. If they do have some kind of problem, get yourself a copy of the employment laws and look up some articles on patient safety and provider fatigue/stress and have it ready to go. If for some reason that doesn’t work all of you who didn’t get breaks or lunch, put in for an hour of overtime each day. Do that a few pay periods you’ll be getting lunch. That’s ridiculous to not allow employees lunch and illegal. They are in the wrong, the only reason they are getting away with it is because you guys are letting them and continuously working through lunch. Why would they change that if they know they don’t have to bc if they say no, you’ll just keep working through lunch anyway. It’s not negotiable. I take my lunch when I’m hungry and there is nobody that wants me going around hungry. If that’s a problem, every couple of days, one of you faint and have to go to employee health or call an ambulance. Put in you history that you’ve been working without being allowed a break and you felt, dizzy, nauseous, fainted, fell and hit your head, peed your pants choked because you tried to eat too fast, need 28 days off bc you got addicted to meth trying to ward off the hunger….
I was also salaried with my past job. It was good at first when we were not very busy. But I did have the same dilemma as you after awhile. Point of service documentation is what we can do ideally. However sometimes when I’m concurrent with two or more patients, it can be challenging even just to get a bathroom break. On top of other required documentation and answering emails etc. It can be overwhelming.
I liked the stability of income with being salaried but I feel like I earn more for what I do being paid hourly. I don’t feel guilty when I leave early as well.
Research other employers that are aware that slavery is illegal, then go there.
Contact a lawyer and see what your rights are. Sounds like you should get back pay.