1. Policy Statement
Family Promise of Puget Sound (FPOPS) is committed to providing a healthy and supportive work environment that includes appropriate meal and rest periods for all eligible employees. This policy outlines FPOPS’s adherence to Washington State law regarding meal and rest breaks, ensuring compliance with legal requirements and promoting employee well-being and productivity.
2. Purpose
The purpose of this policy is to:
* Ensure compliance with the Washington State Minimum Wage Act (MWA) and administrative regulations regarding meal and rest periods.
* Promote the health, safety, and well-being of all employees.
* Provide clear guidelines for employees and supervisors regarding meal and rest break entitlements and responsibilities.
* Minimize disruption to FPOPS’s operations while accommodating employee break needs.
3. Scope
This policy applies to all paid employees of Family Promise of Puget Sound, including full-time, part-time, temporary, and permanent employees, regardless of their exempt or non-exempt classification.
4. Guiding Principles
* Legal Compliance: Strict adherence to all applicable Washington State laws and regulations concerning meal and rest periods.
* Employee Well-being: Recognize the importance of breaks for employee health, focus, and overall productivity.
* Fairness and Consistency: Apply break policies consistently and equitably to all eligible employees.
* Operational Needs: Balance employee break entitlements with the operational requirements of FPOPS and our commitment to serving Individuals, ensuring breaks are taken at appropriate times.
* Communication: Encourage open communication between employees and supervisors regarding break schedules.
5. Definitions
* Non-Exempt Employee: An employee who is eligible for overtime pay under federal and Washington State wage and hour laws. These employees are typically paid hourly and are subject to specific meal and rest break requirements.
* Exempt Employee: An employee who is exempt from overtime pay requirements under federal and Washington State wage and hour laws, typically paid on a salary basis and meeting specific duties tests.
* Rest Break: A short, paid period of time provided to employees for rest and personal needs, typically 10 minutes.
* Meal Period: A longer, typically unpaid period of time provided to employees for a meal, typically 30 minutes.
* Work Period: The duration of an employee’s scheduled shift or continuous work.
6. Policy Guidelines and Procedures
6.1. Non-Exempt Employees (Hourly)
Non-exempt employees are entitled to meal and rest periods in accordance with Washington Administrative Code (WAC) 296-126-092.
A. Rest Breaks
* Entitlement: Employees are entitled to a paid rest break of at least ten (10) minutes for every four (4) hours of work.
* Scheduling: Rest breaks must be scheduled to occur no later than the end of the third hour of the employee’s work period.
* Cannot Be Waived or Combined: Rest breaks cannot be waived by the employee or combined with other breaks (e.g., meal periods). They must be taken as distinct, uninterrupted breaks.
* On-Duty: Rest breaks are considered “on-duty” and are paid. Employees are not required to clock out for rest breaks.
B. Meal Periods
* Entitlement: Employees are entitled to an uninterrupted meal period of at least thirty (30) minutes for shifts of five (5) hours or more.
* Scheduling: Meal periods must be scheduled to occur no sooner than the second hour of the employee’s work period and no later than the end of the fifth hour of the work period.
* Unpaid and Off-Duty: Meal periods are generally unpaid and “off-duty,” meaning the employee is completely relieved of all duties during this time. Employees must clock out for meal periods.
* Waiver (Limited): For shifts between five (5) and six (6) hours, the meal period may be waived by mutual agreement between the employee and FPOPS. This waiver must be voluntary and documented.
* On-Duty Meal Periods (Rare): In rare circumstances where the nature of the work prevents an employee from being relieved of all duties during a meal period (e.g., a single staff member on duty who cannot leave the premises), the meal period may be considered “on-duty” and paid. This must be by mutual agreement and clearly documented, and such situations should be minimized.
C. Documentation
* Non-exempt employees are required to accurately record all hours worked, including the start and end times of their shifts and all meal periods, using FPOPS’s designated timekeeping system (e.g., Gusto).
* Working “off the clock” (performing work duties during an unpaid meal period or outside of recorded work hours) is strictly prohibited.
6.2. Exempt Employees (Salaried)
Exempt employees are paid on a salary basis and are not subject to the specific meal and rest break requirements of WAC 296-126-092 or overtime provisions under Washington State law.
* Flexibility and Responsibility: Exempt employees are expected to manage their time and workload to take reasonable breaks for personal needs, meals, and well-being throughout their workday.
* Focus on Duties: The expectation for exempt employees is to fulfill their job duties and responsibilities, which may require working beyond standard hours. Breaks should be taken in a manner that does not interfere with meeting job obligations or operational needs.
* No Specific Timekeeping: Exempt employees are not required to clock in/out for meal or rest breaks, as their compensation is not based on hours worked.
6.3. Breaks for Nursing Mothers
In accordance with Washington State law (RCW 43.70.640), FPOPS will provide reasonable break time for an employee to express breast milk for their nursing child each time the employee has a need to express milk.
* Reasonable Break Time: This break time may run concurrently with any break time already provided to the employee. If the time is not concurrent with an existing break, it will be unpaid.
* Private Location: FPOPS will provide a private, non-bathroom location, shielded from view and free from intrusion from coworkers and the public, for the employee to express breast milk. This location will be functional for expressing milk (e.g., includes a chair, a surface for a pump, and access to an electrical outlet).
7. Consequences of Non-Compliance
* For Employees: Failure to adhere to break policies (e.g., not taking required breaks, failing to clock out for unpaid meal periods, working off the clock) may result in disciplinary action, up to and including termination of employment, as outlined in the Attendance and Tardiness Policy (FPPS-AT-001).
* For FPOPS: Non-compliance with Washington State wage and hour laws can result in significant legal penalties, including fines, back pay, and other liabilities.
8. Responsibilities
* Employees: Responsible for understanding and adhering to this policy, taking their entitled breaks, accurately recording their time (for non-exempt employees), and communicating any difficulties in taking breaks to their supervisor.
* Supervisors: Responsible for ensuring employees under their supervision take their entitled breaks, scheduling breaks to minimize operational disruption, monitoring compliance, and addressing any issues promptly.
* CEO/HR: Responsible for overall administration of this policy, ensuring compliance with all applicable Washington State laws, and providing guidance to supervisors and employees.
9. Policy Review and Revision
This policy will be reviewed annually by the CEO and Board of Directors, or more frequently as needed, to ensure its continued effectiveness, relevance, and alignment with organizational needs, best practices, and all applicable federal and Washington State laws, particularly WAC 296-126-092 and RCW 43.70.640. Any revisions will be communicated to all relevant personnel.