My employer only allows I restroom break for and 8.5 hr day.

My employer only allows us one bathroom break per 8.5 hr day & it can only be 3 minutes long. Not only do they time me but, they will actually send a supervisor into the bathroom & she will act like she's going just to make sure I'm in fact GOING. If I need to relieve myself a second time during the course of the day, I will automatically lose one of my two 15 minute breaks I'm allowed per day. Getting to the point because of my not being allowed to go to the bathroom when I need to, I wound up developing a horrible UTI last week. It also that went into my kidneys & I was very close to hospitalization over this. I called in to go to the doctor & the same day I called & spoke with HR. I requested & put in for FMLA & explained my situation to HR. If it wasn't for my employer preventing me from relieving myself then I would have never gotten the UTI to begin with. When HR they got back to me, I was told that I was denied FMLA & to have a nice day. I'm furious. Do I have to continue to be treated this way? Thank you

1 answer  |  asked May 1, 2019 2:40 PM [EST]  |  applies to New Mexico

Answers (1)

Neil Klingshirn
OSHA requires employers to provide employees with toilet facilities in restrooms separated for men and women. Employers may not impose unreasonable restrictions on the facilities' use. You can therefore make a complaint to OSHA, which will investigate and should order corrective action as appropriate.

https://www.osha.gov/laws-regs/standardinterpretations/1998-04-06-0

posted by Neil Klingshirn  |  May 2, 2019 07:02 AM [EST]

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