Know your Rights! Providence Meal Waiver

UFCW 3000 is working with Providence to address the Meal Waiver situation. We consider the language in the meal waiver to be a direct negotiation with employees since Providence is asking you to waive rights outlined in our contracts. We want to ensure that you receive appropriate compensation for missed or late meal periods and that your contract is not negatively impacted.

For shifts of 11 hours or more: If your shift length is 11 hours or more, you are entitled to two 30-minute meal periods. If you are currently only receiving one 30-minute meal period and have not waived your second meal period, you may be entitled to compensation. Additionally, the employer may extend your shift based on the language in the CBA and past practices in order to accommodate your second meal period.

It is your right to waive the second meal period, but you may miss out on overtime pay for missing your second meal period if you choose to waive it. While we recommend not waiving your second meal period, the decision to do so is ultimately yours.

We will be holding a Zoom meeting on Monday, February 5, from 6 - 7 pm for all Providence members to ask questions about the meal waiver. Join the meeting at that time by clicking here:

In the meantime, if you have any questions, please reach out to your union rep:

  • Anthony Cantu (Providence Everett RNs): 206-436-6566

  • Jack Crow (Providence Everett Pros and Techs): 206-436-6614

  • Madison Derksema (Providence St. Peter, Providence Radiant Care, and Providence Centralia): 206-436-6603

  • Lenaya Wilhelm (Providence Holy Family and Sacred Heart): 509-340-7369

  • Juanita Quezada (Providence Sacred Heart Techs and Providence St. Mary): 509-340-7407

  • Amy Radcliff (Providence Mt. Carmel and St. Joseph): 509-340-7370


Health Care Rest Breaks & Meal Periods: Know Your Rights and Your Contract

Shift Length Rest Breaks Meal Period
4-5 hour shift 10 min* x1 0
8-hour shift 10 min* x2 30 min x1
10-hour shift 10 min* x2 30 min x1
12-hour shift 10 min* x3 30 min x2
16-hour shift 10 min* x4 30 min x2

*10 minutes is the WA State minimum. If your contract bargaining agreement (CBA) states 15 minutes, you should receive 15-minute rest breaks

  • You must receive a paid rest break for every four (4) hours worked.

  • You cannot waive your right to a rest break.

Meal Period: Your right to a meal period

A meal period cannot be substituted for breaks: Any employee who works more than four (4) hours gets their breaks as outlined above, and any scheduled meal period.

You are entitled to a 30-minute uninterrupted meal period when working more than five hours. The first meal period must be between the second and fifth hour worked. If you work 11 hours or more during the day, you must receive a second meal period no later than five (5) hours after the end of your first meal period.

Interrupted Mealtime: If you are required to stay on duty during a meal break you are still entitled to 30 total minutes of mealtime, excluding interruptions, plus 30 minutes of pay. Time spent performing the work task is not considered part of the meal period. The entire meal period must be paid no matter the number of interruptions. For example, if you received a 30-minute meal break but had to answer your work phone throughout then you should be paid 30 minutes for your meal period and receive a total of 30 minutes (non-consecutive) mealtime. 

Late Mealtime: If you are not given time to have a 30-minute mealtime, you must be paid for your time worked plus 30 minutes. Paying employees 30 minutes for the meal period does not absolve the employer’s responsibility to give you a late 30-minute unpaid mealtime when practicable.

The above is a general guideline to meal periods and rest breaks. For more in-depth information please contact your union representative OR download the Health Care Guide to Meal and Rest Breaks >>

Relevant Laws:

CHI Harrison Medical Center Wages for missed rest periods

We also have grievances for the same issue of overtime for missed rest periods for Harrison Dietary & Service and ProTech. 

You should have received this from your employer:

Dear Nurse,

On Friday, June 9, 2017 you will receive an additional direct deposit for payment of a UFCW RN rest break arbitration settlement.  The settlement payment is for a daily overtime rate applied to missed rest breaks from March 15, 2015 through March 11, 2017.

Since missed rest breaks were paid at straight time, we are paying an additional half-time for any missed rest breaks reported and paid for during this period, assuming they meet the following criteria:
  1. The entire shift was worked.
  2. No duplication of overtime pay would result.
  3. The rest break was not already paid at a weekly overtime rate.
A second back payment award will occur for the period of March 11, 2017 through the date of implementation of the calculation of missed rest breaks at a daily overtime rate.  We will notify you of this payment date when set. 

Moving forward payroll will be paying missed rest breaks for RN’s at a daily overtime rate, assuming the above criteria is met. Please call Vickie Lackman if you have any questions.