I just recently read about a woman whose employer docked the woman's pay because of bathroom breaks. She suffers from IBD and, unfortunately, frequent and often lengthy bathroom breaks come with the territory. It is also completely out of her control. She is taking her employer to court for illness discrimination.
Bathroom breaks and doctor's appointments and emergencies can happen to absolutely anyone, but these are inevitable issues that will come up with someone who suffers from such an illness as Crohn's or Ulcerative Colitis (along with many others). There are huge differences from company to company about how to handle these situations, and since there is no 'one-size-fits-all' experience of these illnesses, it is difficult to create concrete policies. How do you handle it as a chronic illness patient? How do you handle having an employee who suffers from such illness? It is difficult on both sides, and open communication about what is expected *should* be common sense. But when does it become invasive? And when does it border on discrimination?
For instance, in my experience,
I was never docked pay but was encouraged to make up hours - and did so willingly. We had to decide whether bathroom breaks were affecting my ability to do my job effectively and consistently.
It's tough to gauge what is acceptable.
Frankly I think that if I take about the same time as most people who take smoke breaks over the course of a work day, then it should be acceptable and overlooked as a simple fact of life - particularly if the employer was made aware of such requirements at the time of hiring.
With that being said, nearing the moment I had to relent and start on short-term disability, I would be at work for 6 hours, but be in the washroom for at least 3 of those 6 hours. While I still did as much as I could (like answering emails and sometimes analyzing/organizing paperwork while in the washroom), it became problematic.
Rather than being docked pay or being fired or even reprimanded, I was encouraged to take short term leave, try and sort out the flare-up, and then return to work.
Little did we know that my health would get much worse and I would never be able to return to work... but I am grateful for how my boss handled such a tough situation, and that we had open communication during my employment.
Having illness alone should never be grounds for loss of pay or losing a job, and there has to be a line for what is acceptable, but it is not a black-and-white case. Bathroom breaks being the reason for docked pay? I dunno. That's pretty sketchy. But if it interfered with her being able to do her job effectively - like missing several deadlines, repetitively and consistently making mistakes, and putting other jobs in jeopardy - then it is something that should be looked at and discussed with both employer and employee to find a solution.
Unfortunate that this will be going to court. But perhaps it is best that the law decide in this case - the only problem would be that if the employer wins, it could potentially set a precedent for discrimination based on bathroom-related illnesses in the future. I would also suspect it would trickle down to the breaks that smokers take as well, and could result in employers feeling able to dock pay for time spent outside smoking.
Tricky situation.