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IL Lunch Break Law Illinois

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  • IL Lunch Break Law Illinois

    Hi,
    this is my first post here so be easy on me please.
    I work for a bank in IL. I was scheduled to work from 8:30am to 5:30pm. We usually take 1h lunch time. That day I took my lunch at 1:50pm. Now my manager wants to give a correct of action because I did not take my lunch at 1:30pm. My question is - is she right to do that and how can I get myself out of that? Thanks.
    TIM

  • #2
    This is not unlawful. The employer is free to set the work schedule (including times for breaks) as sees fit. And if you do not comply, it would not be unlawful to discipline (including termination).

    You ask what you can do to get out of this. The only response that I can offer is to make sure you take your breaks at the predefined time. If this is a problem, I'd suggest discussing the matter with your boss.

    You did not specifically mention this. If you are employed under a collective bargaining agreement (union), your union rep should be able to explain if breaks are covered under your agreement and what (if any) recourse is available to you.

    http://www.dol.gov/esa/programs/whd/state/meal.htm

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    • #3
      Oh! And congratulations! on your first post!!!

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      • #4
        Originally posted by robb71 View Post
        This is not unlawful. The employer is free to set the work schedule (including times for breaks) as sees fit. And if you do not comply, it would not be unlawful to discipline (including termination).
        The problem is that she lets us to decide when to take our lunches. I just took my lunch exactly the same time as my supervisor told me to go the day before.
        If we have question or issue we contact the HR. I'm going to do it tommorow.

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        • #5
          That's not a bad idea!

          I suppose, in the future, you should confirm what time you are to take break and this may eliminate the problem of taking it at the wrong time.

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          • #6
            Originally posted by robb71 View Post
            That's not a bad idea!

            I suppose, in the future, you should confirm what time you are to take break and this may eliminate the problem of taking it at the wrong time.
            This good idea but my point was when my supervisor sets the time break there is no problem. Today he was off and I set my time the same way he did it day before and here we go problem.

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            • #7
              I'm not disagreeing with you. Just take it a learning experience and next time the alternate boss is in charge, double check with him to see what's the "right" break time for you.

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              • #8
                I would argue (respectfully), that this is all due to a lack of communication, and if your breaks vary day to day, and have never been at a set time, then this should be done. May I ask, why did the boss have a problem with the time you took the break that day, when it was ok to do it at the same time, the day before? Was there issues with your job performance because of what time you took the break? This will probably not get you out of a write up, but it can save you a future write up (having set times for a break every day). Good luck, and let us know how this goes!

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                • #9
                  Originally posted by robb71 View Post
                  I'm not disagreeing with you. Just take it a learning experience and next time the alternate boss is in charge, double check with him to see what's the "right" break time for you.
                  Good advise!

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                  • #10
                    Originally posted by turbowray View Post
                    I would argue (respectfully), that this is all due to a lack of communication, and if your breaks vary day to day, and have never been at a set time, then this should be done. May I ask, why did the boss have a problem with the time you took the break that day, when it was ok to do it at the same time, the day before? Was there issues with your job performance because of what time you took the break?
                    That was my question to her too and she said:"who said there was no problem?" I said that day you did not say anything and now there is problem.
                    She also said there wil be no problem to take my lunch at 1:50 pm even 2:00 if I have taken 20 min break before 1:00pm. Also she said it has to be full 20 min it can't be 10min and 10 min. Is this right though?
                    TIM
                    tihomirBG
                    Junior Member
                    Last edited by tihomirBG; 11-01-2006, 07:15 PM.

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                    • #11
                      Since the law does not forbid it, an employer is free to set policy. If the boss says it's so, then it's so.

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                      • #12
                        Yup, I have to agree, it is within thier rights to dictate how you take your breaks, as long as it does not go against any labor break laws. I am not certain what they are in your state.

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                        • #13
                          What will happen tommorow, when she says to me to sign the correct of action form, if I refuse to sign it?
                          tihomirBG
                          Junior Member
                          Last edited by tihomirBG; 11-01-2006, 08:03 PM.

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                          • #14
                            We cannot tell you what WILL happen. I will tell you what CAN happen.

                            You can be fired. You can be further disciplined. Or, nothing may happen at all. We simply can't tell what your employer will do. Some don't make an issue of it. Some consider it insubordination, which is a termination offense.

                            Refuing to sign is pointless. Signing does not mean that you agree you did something wrong; it means you have been advised of the employer's view on the matter. Refusing to sign does you no good and may do you further damage.
                            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                            • #15
                              Today I got my corrective action form to sign. I did sign it. Later on that day I HR to let them know. I was suprized what the HR person said to me. she said that she agrees with me. She thinks that my boss over reacted. Also she says if I have question about anything, and if I don't want to talk with my boss, I should call HR. Well to this is weird. Is there any catch about that?
                              TIM

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