First Nonprofit's HR FAQ of the Month: What can we do about an employee who is taking too many restroom breaks?

July 31, 2024

First Nonprofit’s HR FAQ of the Month: What can we do about an employee who is taking too many restroom breaks?

Start by asking yourself if the employee’s restroom breaks are genuinely causing problems. Focus on the employee’s productivity and performance (as well as any coverage issues) rather than the amount of time spent in the restroom. If the employee is getting their work done and productivity is not negatively impacted, we’d suggest not addressing this subject at all.

If the employee’s bathroom breaks are causing issues with productivity, performance, or coverage, you should talk with the employee to find out what’s going on. However, the laws below may come into play, so keep them in mind:

The Occupational Safety and Health Act requires that employees be allowed to use the restroom as needed, though an employer can still have reasonable restrictions on use and access to the restroom. What’s reasonable is determined on a case-by-case basis and will consider, among other things, how long employees are being asked to wait between bathroom trips and the employer’s reasoning for the limitations.
The Pregnant Workers Fairness Act will apply if the employee is pregnant or has a condition related to pregnancy or childbirth, in which case extra bathroom breaks must be provided, without documentation, and almost without exception.
The Americans with Disabilities Act will come into play if the employee has a medical condition that qualifies as a disability. If that’s the case, you’ll likely need to accommodate the employee by providing more time for bathroom breaks, unless the extra or longer breaks would be an undue hardship to your business. Undue hardship means significant difficulty or expense and is a high bar to meet.

If the employee doesn’t cite any medical issue, then explain your expectations, referring to any handbook or company policies that apply, and make sure they understand that there will be consequences for not meeting those expectations in the future.

This Q&A is brought to you by Mineral, in partnership with First Nonprofit, and does not constitute legal advice and does not address state or local law. Click here to learn more about First Nonprofit’s HR support.

Testimonials

Throughout our membership in the Unemployment Savings Program, First Nonprofit understood our demands, community dynamics, and the importance of seamless services; that allowed us to serve our constituents better.

Prevent Blindness America, Chicago, IL

Because INCS advocates for the operating conditions that allow charter public schools to provide high quality public education, partnering with First Nonprofit was an easy decision. First Nonprofit’s unemployment programs provide our member schools two operating elements crucial to their ability to provide high quality public education: savings and budget certainty. Capable, committed teachers are the key to student success. By participating in the unemployment insurance savings plan, charter public schools gain peace of mind and are able to invest more money in their teachers.

Illinois Network of Charter Schools, Chicago, IL

It has been our sincere pleasure to maintain a strong, vibrant business partnership with First Nonprofit. We greatly admire their strong industry knowledge, technical expertise, constant professionalism, knowledgeable and dedicated staff. They are always extremely responsive, personable and provide us with the necessary guidance and recommendations on a numerous variety of employment scenarios.

Thresholds, Chicago, IL

NYCON members who use First Nonprofit’s programs enjoy enduring savings and improved efficiency. Our association knows that success, because from the beginning, we achieved the same great benefits. Great savings, seamless technology, and responsive service. NYCON highly recommends First Nonprofit’s remarkable unemployment solutions.

New York Council of Nonprofits, Albany, NY

Visually Impaired Preschool Services has been a client of First Non-Profit since it was first offered as a benefit of VisionServe Alliance. We completed a thorough evaluation of cash savings to our agency before taking advantage of this wonderful benefit and it has been a very wise decision. Our experience with the processes from accounting to claims have been professional, expeditious and easy.

Visually Impaired Preschool Services, Louisville, KY

The Ensight Skills Center has enjoyed working with First Nonprofit for several years. We are enrolled in their Unemployment Savings Program and although we have not required a lot of intervention, there have been a few times. I know others have dealt with the same problem of unemployment fraud over the last year and in our case, a call to First Nonprofit (they actually answer their phones) cleared up the issue. They also sent us a letter to send to all our employees telling them what they needed to do to prevent this in the future and protect themselves. What a relief! Over the years if I have questions or concerns, they are happy to listen, advise and help if they can. Another BIG advantage of using First Nonprofit is that all the money that is paid into the Unemployment Savings Program lives on my balance sheet as an asset. The money continues to be Ensight’s not the governments. First Nonprofit has certainly given me peace of mind.

Ensight Skills Center, Inc, Fort Collins, CO

In addition to their money-saving purpose on behalf of nonprofit organizations like AHS, First Nonprofit’s Nonprofit Unemployment Fund streamlines the information we need to efficiently manage unemployment claims. Our relationship with NU Fund gave us access to such things as advice on planning for what’s ahead and how to analyze cost scenarios when unexpected events occurred. Both experiences were very helpful.

Asian Health Services, Oakland, CA

We have had a great experience with FNP. During Covid, when there was the chance that reimbursable nonprofits would have to pay 50% of the unemployment costs, FNP went to bat for us. We would receive weekly information on the Unemployment claim and how they were working to reduce the costs to reimbursable nonprofits. They have a great service also working with [our claims administrator] to make sure all the paperwork is completed correctly for any unemployment claim.

First Nonprofit’s HR FAQ of the Month: What can we do about an employee who is taking too many restroom breaks?