Human Resource Blog

Nature Breaks

As an employer, can we deny an employee from taking a nature break [go to the rest room] when needed?

We have not heard the term *nature break* before, but it is highly descriptive! Usually the term used is simply break, bathroom break or bio break (short for biological break.)

No, as an employer you cannot deny employees this basic right. OSHA worker safety standards require that employers have restrooms, and that employees be permitted to use them when nature calls. Some states have state worker safety organizations. However, by law, their standards have to be at least as strict as the OSHA standards are.

Nor can you require that an employee wait until a scheduled rest break or meal break to use the toilet. An employer can require that an employee wait until a coworker or supervisor is available to take his or her place, when there is a valid business reason for doing so. For example, on a factory floor, if having one employee gone would delay the entire production line, the employee may have to wait a few minutes for a supervisor to take the employees place. However, if the delay is more than 5 to 10 minutes maximum, OSHA would have a problem with that.

To cite another example, in some places of employment restrooms are kept locked for security reasons or to prevent vandalism. An employee might have to wait a few minutes for the supervisor to unlock a restroom, or for a stall to become available. But an employer cannot just tell an employee *you have to wait until your lunch break to use the toilet.*

However, we will add that this answer covers using the toilet. It does not cover smoking, texting or talking on the cell phone while inside the restroom.  It is also possible that when you use the term *nature break* some supervisors misunderstand, and think you want to give employees time off to walk in the woods.