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Legal & Employment Guidance

Bargaining for Bathroom Breaks

Sample contract language for bathroom breaks.
Published: September 16, 2024

Local unions across the country have tackled the issue of bathroom breaks in a variety of ways. Here are some examples of contract language you can share with your local leaders:

Lavatory facilities should be within four hundred (400) feet of the unit member’s classroom. Lavatory facilities are more than four hundred (400) feet from unit member’s classroom, then the following accommodations will be made: the unit member will receive coverage to use the bathroom when needed or unit members will not be required to work more than two (2) consecutive hours without receiving a break. — Coalition of Educators for Change, California

A lavatory break will be provided in conjunction with regular work assignments. Where regular duty assignments prevent taking a lavatory break, a plan or schedule shall be developed by the site administrator, which shall ensure that all certificated employees have the opportunity for a break. If problems with the schedule arise, they will be resolved with input from the staff. — East Whittier Education Association, California

Employees will work out a plan with the building Principal to ensure bathroom breaks are afforded and covered for employees as needed. — Exeter Paraprofessional Association, New Hampshire

Unit members shall meet with the District Administrator at the beginning of each school year in order to devise a schedule which includes bathroom breaks for unit members as needed during morning recess. — Mountain Teachers’ Association, California

In an effort to provide teachers with relief time in the morning and afternoons as often as possible and at the same time provide for the necessary supervision of students, the above committee will consider the use of assistants, administrative staff, rotation within grade levels, scheduling of teachers and/or other alternatives. All employees should work together to arrange to have classes supervised if a bathroom break is needed outside of regularly scheduled breaks. If a teacher is having a problem having their classes covered in such a situation, the equitable duty committee should be petitioned to come up with a procedure for that particular teacher. All employees shall cooperate with that procedure. — Okaloosa County Education Association, Florida

Administrators will cooperate with employees in making arrangements for a break in either the morning or afternoon. Employees needing to use the restroom may call the office at any time of the day to receive relief without a delay. — Orange County Classroom Teachers Association, Florida 

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