When Nature Calls: Managing Excessive Bathroom Breaks in the Workplace

Our subject matter experts take a lot of calls on a variety of HR topics. Here is one we commonly receive from employers:

Question: One of our employees is taking excessive bathroom breaks during work time, and I’m concerned about their productivity. I don’t know if they just want to talk on their cell phone or have a health concern. How can I address this issue?

Answer: While you may directly address the issue with the employee, in California, employers should be mindful of privacy rights and also consider reasonable accommodation requirements. Keep reading for important considerations and example steps for how to handle this situation!

Understanding Legal Protections in California

California labor laws are some of the most employee-protective in the country. When it comes to bathroom breaks, there are a number of things to consider before you talk with an employee. First, the California Occupational Safety and Health Administration (Cal/OSHA) requires employers to provide access to adequate restroom facilities. Denying or unduly restricting access to restrooms could lead to potential violations. For this reason, we do not recommend a policy restricting employees to using the restroom only during mandated meal and rest breaks.

Second, employers should also be mindful of reasonable accommodation requirements for disabilities and medical conditions under the California Fair Employment and Housing Act (FEHA), which applies if you have 5 or more employees, and the federal Americans with Disabilities Act (ADA), which applies if you have 15 or more employees.

What Might Be Going On?

When an employee uses the restroom excessively, especially when it is ongoing, managers may assume that they are trying to skip out of work. However, before assuming misuse of company time, it's important to recognize there may be legitimate reasons behind frequent bathroom visits. Some examples include:

• Medical conditions (e.g., diabetes, IBS, pregnancy)
• Medication side effects
• Mental health issues (e.g., anxiety or panic disorders)
• Workplace stress

Many of these are often private matters and can cause embarrassment, so you should approach the employee with dignity. Remember, under California law, employees are not required to disclose diagnostic information, meaning they don’t have to share that they have IBS, for example. However, you can require them to provide a medical certification so that you can understand potential limitations on the workplace if any, and engage in an interactive process to reasonably accommodate them.

Steps to Handle

Below are some example steps on how to start the conversation with your employee:

• Meet with the employee in a private, closed-door setting to ensure confidentiality. Try to make the employee as comfortable as you can. If possible, sit on the same side of the table or desk to avoid that boss/employee power dynamic.
• To start, acknowledge that this is a difficult conversation to have.
• Let the employee know that you have noticed (or been informed of) a disruption in their work time based on frequent trips to the restroom. Avoid naming other employees who may have brought the issue to your attention.
• Ask the employee whether the additional bathroom visits are due to a medical reason, but reiterate that they are not obligated to share specific details, like diagnostic information. For example: You don’t need to share any specific details with me, but are the additional trips to the restroom due to a medical reason?

If the employee says it is due to a medical issue: Let them know there may be reasonable accommodations available. Provide them a California-compliant medical certification to take to their health care provider and a copy of their job description. Maintain a copy of all discussions and/or medical records in a confidential file, separate from the employee’s personnel file.

If the employee says it is NOT medically related: Ask them if there is anything they would like to share to help you understand the more frequent trips. Remind the employee that restroom breaks should generally happen during meal and rest breaks. Reiterate requirements for job productivity and performance. Document the conversation for the employee’s personnel file. Assess going forward whether disciplinary action may be warranted.

All circumstances are different, which is why CEA is here to help guide employers! CEA members may reach out to us with HR questions at 800.399.5331, and refer to our Reasonable Accommodations Toolkit for more information.