Bathroom breaks in British Columbia: Rights for employees

Does my employer have to provide me with bathroom breaks?

Access to a bathroom is a basic human right. Employers in B.C. must consider bathroom breaks a normal bodily function and reasonably accommodate their staff.

While there aren’t any statutory employment or labour laws in the country that directly address bathroom breaks, your company is legally obligated to provide a healthy work environment to the point of undue hardship. Preventing employees from using the washroom would contradict that.

British Columbia’s Employment Standards Act (ESA) does require employers to provide most workers with one 30-minute unpaid break if their shift is at least five hours long. During this break, you could use the washroom.

SEE ALSO
• B.C. Break Times: Your Rights
• Meal breaks in B.C.
• Coffee breaks in B.C.
• Smoking breaks in B.C.

WATCH: Employment lawyer Lior Samfiru discusses everything employees need to know about the duty to accommodate on an episode of the Employment Law Show.

What types of employees in B.C. are not entitled to a 30-minute break?

There are a number of workers who are not entitled to a 30-minute break under the ESA, including:

• Corporate directors and managers
• Architects
• Engineers
• Doctors
• Dentists
• Accountants
• Lawyers

Are bathroom breaks in B.C. paid?

The ESA doesn’t require your employer to pay you for the 30-minute break, unless:

• Your employment contract states that you must be paid during the break
• You must be available for work during the 30-minute break
• You are required to work during the 30-minute break

Can my employer limit the amount of bathroom breaks I can take?

The short answer is no. While Canada doesn’t have any statutory employment or labour laws that directly address bathroom breaks, employers in B.C. have a duty to provide a healthy work environment to the point of undue hardship. Providing bathroom breaks would fall into this category.

However, your company might control when and how many bathroom breaks you take if there is a reasonable basis to conclude that the breaks are being abused.

I need more bathroom breaks because of my medical condition, what should I do?

If you have a medical condition or health issue that requires longer or more frequent bathroom breaks, provide your employer with a note from your doctor.

Once this information has been provided, your company is legally obligated to accommodate your medical requirements.

LEARN MORE
• Sick notes in British Columbia: Rights for employees
• Disability in the workplace

Can my employer make changes to my job for taking bathroom breaks?

Employees in B.C. don’t have to accept major changes to their job. Large modifications such as a demotion, cut in pay, reduction in hours, or negative change to commission are illegal.

When the terms of your employment are significantly changed, the law allows you to resign from your job and seek full severance pay through a constructive dismissal claim.

READ MORE
• Do I get severance if I quit?

Can my employer fire me for taking bathroom breaks?

Your employer can fire you for taking bathroom breaks. This is called a termination without cause.

In B.C., companies can let employees go for any reason, as long as:

• They are provided full severance pay
• The reasons for their dismissal are not discriminatory

What your employer can’t do in this situation is fire you for just cause, which would mean no severance package or access to Employment Insurance (EI) benefits.

To justify this, the company would have to prove:

• Progressive disciplinary measures were applied
• A less severe punishment would be insufficient

This type of termination is reserved for the worst kinds of workplace offences, such as theft or insubordination.

LEARN MORE
• How to calculate severance pay
• Severance for provincially regulated employees

Fired for taking a bathroom break?

If you lose your job because you took a break, or for any other reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in B.C. can review your situation, work to secure proper compensation, and ensure that your workplace and human rights are properly enforced.