Going to the bathroom is a basic need, right? But, can you imagine being fired for using it too much? This happened to a German worker who spent 42, 46, and 48 minutes in three different days in the month of September. This case has started a debate about what an ‘excessive’ pause and how labor laws protect workers. Even though breaks to go to the bathroom are normally short and are part of the job, abusing this time can have serious consequences, including getting fired. So, let’s learn more about this case and if we have to say goodbye to bathroom rests.
Going to the bathroom at work
Every employee has the right to use the bathroom, of course. Bathroom breaks cannot be banned or strictly limited because they are a basic human need. They are private, and the time needed may differ between individuals, such as men and women. They tend to be short, like having some water, and they are not considered part of working hours.
In Germany, the Working Time Act defines rest breaks, like a 30-minute pause after six hours of work, but bathroom breaks are not included. Restroom visits are considered paid time and do not need to be made up later. The law doesn’t establish exact limits of time to go to the bathroom or when it becomes a time abuse.
However, workers can consider that an excessive use for private activities like reading, using the phone, or getting distracted, means a breach of duty. This could be considered a ‘’time theft’’ and lead to getting fired if this is repeated.
Long breaks can get you fired
Not all long bathroom breaks justify dismissal. Courts in Germany have clarified that taking occasional or reasonable bathroom breaks is perfectly normal and does not affect pay or lead to any penalties. Only if breaks become frequent and unusually long, used in a way that avoids work, could it be considered misuse of work time. In such cases, employers are expected to carefully document the situation and give clear warnings before thinking about dismissal.
However, if an employee needs more time due to health issues, getting fired would be illegal. Medical certificates can prove that longer breaks are necessary and not an abuse.
Rules and limits for supervisors
Employers can’t impose stricter rules on bathroom use or ban it. For example, some illegal measures would be:
- Installing cameras to monitor bathroom visits.
- Using access cards to track every visit.
- Completely banning restroom breaks.
The right way to act in case of doubt of time theft is to talk to the employee and then issue a written warning; and only in extreme, documented cases, consider a legal dismissal.
Are we saying goodbye to bathroom breaks?
Bathroom breaks are a normal and important right for all workers, and German law protects them. While consistently taking excessively long breaks to avoid work could cause problems, the key is balance. Taking breaks when needed is perfectly fine—they are normal and necessary—but it’s best to keep them reasonable.
Any steps taken by an employer should be carefully documented, consider the employee’s health, and follow a fair process that includes giving prior warnings. This helps create a workplace that feels safe and fair for everyone.
Do you think it’s crazy why this German worker was fired? At the end of the day, knowing your rights and responsibilities can prevent conflicts and keep your work life smooth. After all, everyone needs a break because it’s something we all use several times a day—but too much of a good thing can cost more than just time.