“You’re fired!” A company lays off an employee for spending too much time in the restroom

A worker in Germany was recently fired for allegedly spending too long in the restroom – specifically 42, 46 and 48 minutes on three separate days in September. The case has sparked debate about what counts as an “excessive” break and who gets to decide that.

Going to the bathroom is a basic human need. It can’t be banned or broadly limited, and is generally considered a short interruption of work – much like drinking water or taking a quick screen break. It’s also a private matter, and biological differences mean men and women can have different needs in this regard.

What German labor law says about breaks and bathroom time

Germany’s Working Time Act (Article 4) clearly defines rest breaks – for example, a 30-minute pause after six hours of work – but bathroom breaks are not included in those rest periods. They are instead considered paid breaks, meaning employees do not have to clock out or make up that time later. These short trips to the restroom are treated as part of the working day because of their brevity.

However, the law does not specify when a bathroom break becomes an abuse of working time. There are no formal tables or limits defining what’s necessary, urgent or excessive. In the absence of medical reasons, regular use of the restroom shouldn’t interfere with work.

According to labor lawyer Jens Usebach from the firm JURA.CC, “deliberately extending bathroom time for private activities such as reading, scrolling on your phone for long periods, or other leisure activities can be considered a breach of duty. In those cases, it’s no longer about a basic need – the employee is effectively taking fraudulent time off.”

When “too long” becomes a firing offense

A recent ruling by the Cologne Labor Court held that even daily bathroom breaks exceeding 30 minutes do not justify a pay reduction. Yet if restroom visits consistently and significantly exceed reasonable limits, or are used systematically to avoid work, they could amount to what German law calls “time theft.”

So, can someone be legally fired for taking overly long bathroom breaks? In extreme cases, yes – but only if the behavior is well-documented. Dismissal is only considered lawful after repeated violations and a formal warning.

Medical certificates can help prove that longer restroom breaks are necessary and not the employee’s fault. If the breaks stem from physical reasons, punishment would be unjustified and a sudden dismissal clearly unlawful.

Supervisors must recognize that bathroom breaks are part of the workday and avoid imposing rigid controls. Blanket bans or strict timing rules would be illegal, as they infringe on employees’ personal rights. In cases of suspected abuse, the proper course is first a conversation, then a written warning. Using access cards to log bathroom visits or installing time-tracking cameras would be illegal under German law.

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