Can employer prohibit dizzy employee from eating at desk?

My employer recently mandated a "no-eating at your desk" policy that was announced via memo to all employees and was to be effective immediately.

Because my blood-sugar has a tendency to drop during the day, I usually eat a natural-sugar snack, such as fruit, around mid-morning and sometimes again in mid-afternoon to keep from having dizzy spells associated with the low blood-sugar.

Now that we are no longer allowed to eat at our desks I have been taking a ten-minute break in the morning and eating in the kitchen area which is the only authorized place we can eat.

I was told by management that employees are NOT allowed to take breaks as it is not company policy.

My employer is located in the state of Ohio and the firm employs approximately 150 people.

Rita Risser's response:

Believe it or not, federal law does not require employers to give employees breaks. Ohio state law may require it; you should check with the Labor Commission.

If your low blood sugar is disabling, and you can get a doctor's note to that effect, then the employer may be required to accommodate you under the Americans with Disabilities Act. Such an accommodation could be either to give you the break, or allow you to eat at your desk. However, the courts have been fairly hostile to claims of disability discrimination from people with such "minor" disabilities.

Another idea is to request an intermittent leave of 10 minutes per day under the Family Medical Leave Act. This law applies to employees who have been with the employer for at least one year, and who have a serious health condition. A serious health condition again requires a doctor's certificate, but it does not need to be disabling. This leave time is unpaid so the employer could either dock you for 10 minutes, or allow you to work an extra 10 to make it up.

Good luck!

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