I work at a call center in WV. I was recently informsed by may supervisor that in order to improve my performance and efficiency, I needed to reduce the time spent away from my desk. In order to do this, he suggested that if I should have to use the restroom while at work, I should reduse the time spent on break from work.

The employer's policy is to allow only 4 min per day for restroom breaks and other non work related activities, however, in my expirience, it takes about that long to walk to and from the restroom.

Failure to meet these goals will result in disciplinary action.


I know that WV law requires a 20 min meal break per 6 hours worked. My employer has a policy of allowing a 30 min unpain lunch, and 2 15 min breaks at specified times throughout the day.

I also know that OSHA requires: "employers to allow employees prompt access to sanitary facilities."

I know that it is unfair for my supervisor to ask this, but is it actually illegal? What should I do in order to address this?

As you say, WV law requires 20 minutes per CONSECUTIVE 6 hours worked. Unless you are working 12 hours or more, one 20 minute break is all you are required to receive under the law.

No rest breaks of any kind are required by either WV or Federal law.

Your employer is allowing you two fifteen minute breaks per day as well as a longer meal break than is required by state law. There is nothing stopping you from utilizing this time for rest room breaks.

All OSHA requires is that you receive "reasonable" time to use the restroom. I think you'd be hard put to demonstrate that you are not receiving that.

So yes, it is legal. And I'm not certain it's even unfair.

To address this, I suggest you cut down on the bathroom breaks. It is rare for an employer to make such a suggestion when the employee is not abusing time.

Thanks for the advice, cbg. I guess I just needed a bit of perspective- sometimes things seem unfair just because I happen to be frustrated at the time, or because of a personality conflict w/ management.

re-reading my post, the issue does seem more than a little... petty. And you're right, I should solve the issue by focusing on my own time management problems, rather than pointing fingers at a supervisor who is trying to help me do just that.

Thanks for keeping me from making a fool of myself over this issue.