Would you go to HR if your manager wasn't giving you all your breaks?
distinctlybeautiful
Posts: 1,041 Member
I just started working two weeks ago. Yesterday was my first seven-hour shift. The book I got at orientation says any shift over six hours gets a thirty-minute unpaid lunch and two fifteen-minute paid breaks.
Yesterday a coworker told me they only get the lunch, not the two fifteens. I asked my supervisor about it, and he said I could take one of the fifteens but that I basically had to sneak it because the manager doesn't like it.
I don't want to be petty or be a pain, but I want what the book says I'm supposed to get. If I should be getting thirty more minutes of break (on the clock getting paid!), I want it. Since it's the manager not allowing it, it seems my only recourse would be to go to HR, which is at an office totally separate from the workplace.
What do you think you would do?
Yesterday a coworker told me they only get the lunch, not the two fifteens. I asked my supervisor about it, and he said I could take one of the fifteens but that I basically had to sneak it because the manager doesn't like it.
I don't want to be petty or be a pain, but I want what the book says I'm supposed to get. If I should be getting thirty more minutes of break (on the clock getting paid!), I want it. Since it's the manager not allowing it, it seems my only recourse would be to go to HR, which is at an office totally separate from the workplace.
What do you think you would do?
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Replies
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I'm not sure where you live (therefore what the laws are) but when you are working 7 hours and and taking a 30 minute lunch (and not the two 15 minute breaks) are you being paid for 7 hours or 6.5 hours?0
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Are you in the UK? If so you would only have 30 mins lunch, as 7 hours is a short working day. I work 8 hour days with an unpaid 30 min lunch and no breaks.0
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Keladelphia wrote: »I'm not sure where you live (therefore what the laws are) but when you are working 7 hours and and taking a 30 minute lunch (and not the two 15 minute breaks) are you being paid for 7 hours or 6.5 hours?
For 6.5 hours.katybowling wrote: »Are you in the UK? If so you would only have 30 mins lunch, as 7 hours is a short working day. I work 8 hour days with an unpaid 30 min lunch and no breaks.
I work on a U.S. military base.Its just a 7 hour shift is the job that tasking that you need your hour of break?
No, but that's beside the point. If I'm entitled to thirty minutes of paid breaks that they aren't giving me, they're getting thirty minutes of free work out of me - and I don't work for free
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I would speak to your manager before asking HR. Did you actually ask him/her why they don't like it, or did you just take your supervisors word for it?1
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Does the book you got in orientation say something like "unless specified by your department"? If so, they're covered and HR won't do anything about it. But you'll earn a nice, shiny target on your back.0
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A few things to think about:
1) are you in a probationary period? Where I work (I'm in the US) every new hire is on 90 days probation. They can say "didn't work out" and let you go without cause. After 90 days it takes a mountain of paperwork to get rid of someone for cause.
2) IMO do NOT go to HR without talking to the manager. Your supervisor said the manager doesn't like it. Did the manager say it? Because if you go to HR the manager can honestly say "this is the first I'm hearing about this". You don't know if it's the supervisor's policy, and blaming the manager, or it's really the manager.
3) present things as a new employee looking for clarification. You've been given conflicting information, the book and orientation say one thing, the supervisor and possibly the manager are saying something else. Why the conflict? Remember, you aren't complaining, you're confused.
4) assuming you're prepared to look for another job (just in case) I'd meet with the supervisor one more time, with the book in hand, and ask why the book is incorrect, you were brought on under certain conditions, why are those conditions not being met. If they blame the manager, ask for a meeting with the manager and bring the book with you. The manager/supervisor may say "we're not following the book, too bad" so it's suck it up or go to HR. The manager may say "of course that's what you're entitled to" and now you've thrown your supervisor under the bus, won a battle, will you lose the war (i.e. long term is life about to get crappy). Or things may work out fine. <shrug> hard to know.
Good luck.5 -
distinctlybeautiful wrote: »Keladelphia wrote: »I'm not sure where you live (therefore what the laws are) but when you are working 7 hours and and taking a 30 minute lunch (and not the two 15 minute breaks) are you being paid for 7 hours or 6.5 hours?
For 6.5 hours.katybowling wrote: »Are you in the UK? If so you would only have 30 mins lunch, as 7 hours is a short working day. I work 8 hour days with an unpaid 30 min lunch and no breaks.
I work on a U.S. military base.Its just a 7 hour shift is the job that tasking that you need your hour of break?
No, but that's beside the point. If I'm entitled to thirty minutes of paid breaks that they aren't giving me, they're getting thirty minutes of free work out of me - and I don't work for free
If you are in the U.S. federal law does not mandate breaks or meal periods. Break and lunch laws are mandated on a state to state basis. Here is a link to state laws https://www.dol.gov/whd/state/rest.htm.
Why is your HR in a different office? Is it not your company's HR department? If your state doesn't mandate paid breaks you may have a difficult time from a legal persepective since it's up to the employer to dictate whether or not they want to give you breaks. However if it's in the employer code you certainly have a reason to speak with your (hopefully internal) HR department to at the very least get clarity on the policy and an explanation.0 -
_dracarys_ wrote: »Does the book you got in orientation say something like "unless specified by your department"? If so, they're covered and HR won't do anything about it. But you'll earn a nice, shiny target on your back.
Also this^^^ Be very careful about the wording in the code. It's unfortunate but true, especially for a recent hire.1 -
Are you wanting your break because you view it as an entitlement or because you need it?
I work in HR for the government and @Keladelphia is right. Federal regulation doesn't mandate meal/break periods.
If you need a break to get something to drink, use the restroom, etc, speak with your manager and try to resolve it at the lowest level possible. Since you've only been there 2 weeks you need to establish open lines of communication with your supervisor.0 -
I would look up your state's laws, look it up in your company's policy book, then go to your manager with the attitude of, "I don't want to cause the company trouble, but we might be breaking the law/not following company policy"
If those are the company's rules then you are entitled to those breaks.0 -
I would go to your HR.1
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I would talk to the manager and say something like "Someone told me that I wasnt really entitled to (whatever the book says) and I wanted to check with you in case they were trying to fool the newbie - what is the policy here on breaks and lunch?" That way you get it straight from the horses mouth (or elsewhere, depending on the answer) and you can then decide what your next course of action will be. Maybe get it in writing if possible, so maybe in a friendly email you can have this chat.2
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I work in HR, and my first question to you will be, "Have you spoken with your manager about this yet?". Always your 1st step. And in the state of Colorado, that is the LAW - 30 minute break and 2 15 minute breaks, per every 5 hours worked. So, talk to your manager 1st, and if you don't get proper resolution, then see your HR rep.1
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Why do you need to ask? It's LAW if it's approved by your state. If it's not being abided by, that's what HR is for. No fear from the manager because if they cannot abide, they will lose their position.
Also, I see a lot of people saying talk to the manager. IMO, the manager SHOULD be addressing this first thing they meet the new person. They shouldn't be leaving it up to someone else.
A.C.E. Certified Personal and Group Fitness Trainer
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Thanks y'all. I appreciate all the input!0
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