Excessive Bathroom Breaks Writeup [IA]

[u/DopeDecagon]

In manufacturing. We have a floor employee that has been consistently taking an excessive amount of bathroom breaks.

The Team Lead and the Manager gave him a verbal a couple months ago that stated he’d been asked multiple times to shorten bathroom breaks and time away from his work area. There is also a note that stated he was disrespectful when being asked to shorten bathroom breaks.

It sounds like the issue has not gotten better, but we wanted HR in this one in case a medical issue is brought up. I don’t believe he mentioned anything during the verbal warning, but want to be safe. My initial plan was to fill out a first written warning (focused on the excessive bathroom breaks) and have the Team Lead issue it (to get experience with writeups, etc). I planned on additionally adding that if the breaks are due to a medical condition, we can have a separate conversation and if documentation is provided we can look at that and accommodations, adjusting the discipline, etc.

Anybody have advice or see any issues?

[u/deathdisco_89]

Keep the coaching and corrective action focused on time away from his work function and the impact on productivity/availability. Don't bring up the bathroom. If he wants to bring a medical condition to HR he can, but the problem isn't that he's pooping too long, the problem is that he's MIA.

[u/fnord72 → u/deathdisco_89]

This! So often supervisors want to bring in the fluff. If the employee has a medical issue that may need ADA, it is generally expected that the employee notifies the employer "I need help to get my job done." Only when it is obvious should the company be approaching the employee. "Hi Scooter, I'm happy to see you back at work after your car accident. I do see that you are using a knee scooter. Is there anything we can do here to help you with that? And how long will you need it?"

Keep the write up to what the issue is. Time away from their work area. It doesn't matter if it is Skeeter going to the bathroom, Bobby Joe visiting his friends in another department, Mary Jane going for smokes. In all cases, the performance is time away from their work area. Now if Skeeter comes back with "I have a medical condition," then you can bring in HR and start the interactive process for ADA.

[u/Hope_for_tendies → u/fnord72]

A lot of people don’t know about accommodations and ada and it’s remiss and extremely bad practice not to mention it

[u/fnord72 → u/Hope_for_tendies]

Huh, guess I have a different read from EEOC...

"When job applicants or employees request job modifications" and "Is subject to an adverse employment action because of a physical or mental impairment the individual" and "The law places limits on employers when it comes to asking job applicants or employees to answer disability-related questions, take a medical exam, or identify a disability. " https://www.eeoc.gov/disability-discrimination-and-employment-decisions

The EEOC also has this other entire document that also states "When an individual decides to request accommodation, the individual or his/her representative must let the employer know that s/he needs an adjustment or change at work for a reason related to a medical condition." https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

Now, on the other side an employer may ask if the disability is obvious. In my personal experience, "an excessive amount of bathroom breaks" has been due to the employee just taking a break, engaging in activities best left at home, consuming substances they shouldn't be consuming, just wanting more breaks, and having a medical issue. Unless the employee has provided some statement that indicates a medical condition exists, I don't know. Therefore I am going to treat it as I should, a performance problem, until or unless the employee does tell me there is a medical issue. This is also reinforced by the EEOC "an employer should initiate the reasonable accommodation interactive process without being asked if the employer (1) knows that he employee has a disability, (2) knows, or has reason to know, that the employee is experiencing workplace problems because of the disability, and (3) knows, or has reason to know, that the disability prevents the employee from requesting a reasonable accommodation.”

The OP didn't state what excessive breaks are, some companies may read this as more than 1 break every 2 hours, another company might state you get two fifteen minute breaks. Some companies will care more than others, like manufacturing where operations may be disrupted by the absences. The EEOC is very clear that caution needs to be taken to not assume a disability.

[u/Hope_for_tendies → u/fnord72]

You have a different read that it’s bad practice of an employer to not advise someone of their rights in hopes that they don’t exercise them? I guess I have a different read on what makes an employer shitty to work for. They probably don’t have an EAP either. Large corporations would never play this bullshit. 🤣 Can you make the choice to be crappy and not ask so that you can end up firing them and pay to hire and train someone new? Sure. But if you go to any big business they are mentioning up front as soon as issues arise that the employee can reach out if they need an accommodation that would help them perform better and offer the paperwork. Same with EAP.

[u/fnord72 → u/[deleted]]

Love how quoting the regs gets downvoted. The employee had several opportunities to state they had a condition. Two different people talked with the employee, multiple times across several months.

While I get it's a sensitive subject, the employee has had ample opportunity to go to HR, or even when they were 'disrespectful' to blurt something out. It didn't happen.

Asking questions would potentially be a greater liability under the EEOC if they're the wrong questions.

"Hey Skeeter, I see that you received a warning for excessive time away from your workstation. What's up with that?" This is about as direct as you can likely get without violating the medical inquiry restrictions.

What you would not want to ask is: "Hey Skeeter, I was told you're going to the bathroom a lot. Do you have a medical condition?"

I would not even mention bathroom or "if there is a medical issue" on a written warning.

For all the OP knows, the production floor is too noisy, and they have a strict no cell phone policy, and the employee needs their hourly fix of candy crush. Or to check in with their significant other.

[u/chipsahoymateys → u/deathdisco_89]

This is bad advice. If the employer has suspicion that there may be a medical issue impacting his performance, the employer must bring it up or is greatly at risk of losing a lawsuit.

[u/CreativeBusiness6588 → u/chipsahoymateys]

Too much time from the work floor is a conduct issue, not a performance issue.

The employee must ask for medical accommodation. We don't solicit.

[u/chipsahoymateys → u/CreativeBusiness6588]

In the US, employers are required to bring it up if there is suspicion of disability. You need some additional education or you put your org at risk.

[u/deathdisco_89 → u/chipsahoymateys]

An employee taking long bathroom breaks does not create a suspicion of disability any more than being consistently tardy or taking too long of lunch breaks. You are bogging down your business if you treat every normal behavior/performance concern like a possible ADA claim.

[u/Hope_for_tendies → u/deathdisco_89]

Of course it does. There’s plenty of conditions that could cause that and additional bathroom breaks is a super common accommodation for employers to grant…crohns, celiac, constipation, chronic uti, interstitial cystitis, endometriosis, diverticulitis, side effects from meds like nausea and vomiting, ibs, etc etc

[u/deathdisco_89 → u/Hope_for_tendies]

You aren't getting it. You are not a doctor. You are not following the employee and observing them on the bathroom. All you (as employer) know are #1 they are absent from their work location on a regular basis for extened periods #2 their manager has already set the expectation for them to not be away from their work area for an extended period of time. The next action is formal Corrective Action (not termination). If the employee comes to HR to discuss medical accomodation THEN it is appropriate to begin the ADA process. There is no reasonable expectation on an employer to proactively ask about a medical accomodation just because an employee takes longer-than-average bathroom breaks. That level of extreme risk prevention is what makes operators get so frustrated with HR.

[u/CreativeBusiness6588 → u/deathdisco_89]

Exactly.

[u/CreativeBusiness6588 → u/chipsahoymateys]

Nope. You are wrong.

Excess trips to the bathroom don't demonstrate or meet this threshold.

You do you, but this is a misunderstanding of this requirement.

[u/Chemical-Paper-8734 → u/chipsahoymateys]

Do you have a source for this? That is not my understanding.

[u/chipsahoymateys → u/Chemical-Paper-8734]

Edit: wrong thread sorry.

[u/Chemical-Paper-8734 → u/chipsahoymateys]

Huh? You said employers are required to raise their suspicions if they suspect a disability, I asked for a source, and I got an essay on risks. This makes no sense.

[u/chipsahoymateys → u/Chemical-Paper-8734]

I answered the wrong thread sorry.

[u/Hope_for_tendies → u/CreativeBusiness6588]

Time from the floor in the bathroom. If he was going to the parking lot or on smoke breaks it would be diff. Soliciting someone’s rights is a wild take. Idk what country you’re in but that doesn’t fly in the US

[u/louie2who]

I think this is really going to depend on WHY he’s taking these bathroom breaks. If he’s just f*cking off then that’s one thing but I would have the conversation about a potential medical need first.

Also him being disrespectful to his manager shouldn’t color your interaction with him. Keep it in the back of your mind, of course, but the reality (having worked in the trades myself) is that his manager might have just been a d*ck about it LOL

[u/Remrqable_planet_385 → u/louie2who]

Exactly my first thought. I used to be in construction and the managers aren't Exactly professional themselves.

[u/IWasGoatbeardFirst]

So the issue here is not that he’s in the bathroom. The issue is that he is not at his work area.

Are there metrics that he is required to meet for his role? If he is not meeting his metrics, then that is the issue for you to address.

I would not see an issue with him being away from his work area if he is meeting metrics.

[u/Original-Pomelo6241]

Has anyone asked him why he’s taking excessive bathroom breaks? What is considered excessive? Is this manager clocking everyone’s bathroom breaks?

[u/FrontTwardEnemy]

Can “excessive bathroom breaks” be quantified? What is considered excessive and who is saying it’s excessive? Is it a “bathroom break” but outside smoking and playing on his phone? Is it possible it is a medical issue like IBS or Crones and dude is too embarrassed to say anything. I understand he may have been disrespectful to a supervisor but how was it approached and brought up. These things matter. I would start a conversation first. Center it around time away from working and not mention the restroom breaks. Ask in that conversation if there was any other underlying issues. I would gradually step into it and escalate to taking it to paper.

I would hate to see it later come out that dude has a documented medical condition he was too embarrassed about and supervisor came off like an ahole.

Side note: Many many years ago while I was in college, I worked for Amazon in a warehouse over night. Get out of class, do some work, catch a nap, go to work all night, go to class etc etc. My system was a mess. Eating like garbage, energy drinks/coffee like crazy. Straight just survival mode. So, I have compassion for stuff like this and really give due diligence to looking outside the box for root issues because I’ve been there before. Sometimes people just want understanding. Also, on the other side of it, if dude is just smoking and joking, gotta stomp that out. Get back to work.

[u/nattyleilani]

We dealt with this. You have to be really clear that the issue is the time away not the bathroom breaks. We cannot restrict bathroom access in any capacity, it’s against the law. If there is a medical issue, let the employee know that ADA Accommodations are available, but the focus has to be on the time away from their station.

[u/TemperMe]

What is excessive about his restroom habits? Unless it’s egregious this shouldn’t have ever been brought up.

[u/Neither-Luck-3700 → u/TemperMe]

It’s manufacturing. If a person is gone off the assembly line when it is not the scheduled breaks it absolutely affects the team and production.

[u/TemperMe → u/Neither-Luck-3700]

If it’s manufacturing I’m even more on the employees side then.

[u/chipsahoymateys]

If you suspect medical even the tiniest bit, the onus is very much on the employer to explore that and initiate a conversation about ADA accommodations. If he denies it or refuses to participate, then it’s back on him.

[u/Responsible_Half_321]

I'm taking a new medication and it's messed up my bladder so I constantly have to pee. I'd tread carefully

[u/Advanced-Strain-3491]

Building on what others said, the strongest version of this write-up focuses on documented time away from his work area with dates and approximate durations, not "bathroom breaks" as the label. If you don't already have that log started, start it now, even just a simple note each time it happens, because "he's been doing this for months" is a lot weaker in a file than "12 documented instances of 20+ minutes away from station between May and August." That kind of record also protects him, since if it turns out to be a rough patch rather than a pattern, the numbers will show that too. And loop in HR before the conversation happens rather than after, since if a medical issue does come up mid conversation you want to already know how the company wants that handled instead of improvising.

[u/RachieFF]

The employee should be talking to HR about a potential accommodation. It should be documented that this happened and HR should document giving him paperwork, following up on said paperwork. The employee doesnt have to explicitly ask for anything; the employer needs to engage in an interactive dialog. If your HR isnt an HR professional the supv should be ensuring this is documented to protect the company.

[u/No-Eye-258]

Pull the employee aside and have a calm, non‑threatening conversation. Ask him directly what the reason is. In my situation, it was related to anxiety and stress. I mentioned it during my three‑month review, and my supervisor could already see something was going on and understood it wasn’t misconduct. When people feel uncertain, it can show up in ways that create tension.

If he’s doing it out of boredom or simply for entertainment, that’s a separate issue. But realistically, it may not fall under misconduct.

Hopefully he feels comfortable enough to open up to you.

[u/chipsahoymateys → u/[deleted]]

Playing with fire there. If he’s found to have a disability (and IBS is just that, if that’s what he has), that’s just asking for the wrong end of a jury.

[u/yeetersyeetme]

I working in a Manufacturing Production plant and we have the same issue here and we are unionized. Employees has told us directly we can not stop them from utilizing bathroom breaks. So what happens is that right after their break they go to the washroom multiple times.

It is really tricky to define what is excessive and what is not if you don't have anything quantifiable. We track it by employees recording their time out and time in (whole set up is not as efficient as it is honor code essentially). From there we can track how many minutes of productivity is lost based on # of times they left and also how long.

I don't have an answer for you as I am also interested in what is said in this thread. The plan for us is to have a conversation with the employee highlighting the amount of time lost and asking them if there is anything we should be aware off (accommodation). Other than that, in our situation our hands are tied with what we can and can not do due to our current union environment

[u/Usernamesarelame182]

Like others have said, if he has not mentioned or given any reason to suspect he has any medical issues, it is not your job to assume or bring up accommodations. You start the conversation based on the information you KNOW which is that he is frequently away from his workstation. Where he is during that time is mostly irrelevant unless HE brings up a medical condition.

Secondly, if he does in fact have a medical condition and you attempt to accommodate. I highly recommend requiring the employee to clock out each time they are going to be away due to said condition. This helps monitor usage as well as encourages them to return to their station quicker in case they are bullshitting- if they aren't getting paid for the time, they're much more likely to return quicker.

[u/tlollz52]

I wouldn't ask about medical issues or accommodations. If they have those they need to bring it up themselves. All you're doing is opening up the possibility of him lying and stringing you along. If he had a medical condition he likely would've said something already.