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Employment Law/Washroom breaks


I am in Southern Ontario,Canada.Can my employer disipline me on how often I use the washroom?Can they also track and make a graft chart showing how much I have gone compared to other employee's.I work on an production line,so when I have to go to the washroom someone has to cover me.I go on all my breaks and even twice on my lunch.My job is pyhsical and I take medication that makes me thirsty so I need to drink water.I have found now I am getting older I have to void more often.I also have irritable bowel syndrome and my boss went to talk to the nurse about this.Can they discuss if I am voiding or having a bowel movement?"

Human Resources Canada says those with medical needs must be accomodated by their employers. Frequient restroom breaks would be considered an accomodation for the IBS condition.

What you should do!

There are a number of steps you should take in order to make sure that your need for accommodation is dealt with properly. You should:

•Ask for the accommodation
•Explain why you need it (try to do this in writing)
•Provide information that is directly relevant to your needs, restrictions or limitations (this can include medical information, but only the information that is directly related to your request for accommodation)
•Participate in discussions about possible accommodation solutions
•Co-operate with any experts whose assistance is required
•Try different forms of accommodation even if it is not the perfect accommodation

If you are an employee in a union, it would be a good idea to contact your union representative. Your union will often have good advice about your employer's procedures for getting accommodation

Here is the link to the Human Rights Support Center Accomodation webpage.
Tel: (416) 597-4900
Toll Free: 1-866-625-5179

Here is the link to their contact info which has good information on it.

And here is the link to FAQ which will answer more of your questions:


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Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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