All employers are required to provide employees with rest and meal breaks in accordance with the Employment Relations Act 2000 (the Act). Certain employers in the transport and logistic industries have special breaks and work time rules applicable to them.
Although meal and rest breaks take up a small part of an employee's day, they are necessary to allow employees to rest, refresh and eat during working hours, and ultimately contribute to employee wellbeing.
Although the Act prescribes rules about duration, timing and payment of breaks, this does not prohibit employers from affording employees more than the prescribed minimum.
In this guide for employers, we provide an insight into an employee’s entitlements to rest and meal breaks.
Understanding rest and meal breaks
Rest and meal breaks give employees a chance to recover, refresh and take care of personal matters during work hours. Rest breaks are essential to improving the health and wellbeing of employees and making the workplace a safer, more productive environment.
The length of time and frequency of breaks depends on the number of hours an employee works and their employment agreement.
Employees are entitled to paid rest and unpaid meal breaks that:
- Give them a reasonable chance during work periods to rest, refresh and take care of their personal matters.
- Are appropriate for the length of their working day with their employer.
In terms of the Act, rest breaks are10 minutes in duration and are part of an employee’s normal work hours. Meal breaks are unpaid breaks of 30 minutes.
In most cases, employees are allowed to leave the workplace for a meal or deal with other personal matters – provided they resume work on time.
Legal entitlements for rest and meal breaks
The Employment Relations Act 2000 outlines rest and meal breaks for employees across different industries.
Employees are entitled to rest breaks based on their work shift as follows:
| Shift duration | Break entitlement |
|---|---|
| Between two to four hours | One 10-minute paid rest break. |
| Between four to six hours | One 10-minute paid rest break One 30-minute unpaid meal break. |
| Between six to eight hours | Two 10-minute paid rest breaks One 30-minute unpaid meal break. |
More than eight hours: Additional breaks must be provided in line with the entitlements above.
Rest breaks must be a minimum of 10 minutes, and meal breaks at least 30 minutes. Employers must pay the employee during their 10-minute rest breaks. There is no obligation to pay the employee during their 30-minute meal break
Compensation to the employee instead of the provision of these breaks will only be allowed in very minor exceptions for essential services employees and those engaged in national security.
The timing of rest and meal breaks
Due to the nature of some workplaces, employees may need to be flexible in regard to the timing of their work breaks and accept certain conditions. These conditions must be within reason and related to the nature of the role or workplace itself. An employer cannot impose conditions on work breaks without a good reason and the terms must also be in writing and agreed upon by the employee.
The timing of the breaks can be agreed between the employer and the employee. However, if there is no agreement, then the employee must take their breaks as set out below:
| Shift duration | Timing of break |
|---|---|
| Between two to four hours | Middle of the work period. |
| Between four to six hours | Rest break: 1/3 of the way through the work period. Meal break: 2/3 of the way through the work period. |
| Between six to eight hours | Rest break: halfway between the start of work and the meal break. Meal break: middle of the work period. Rest break: halfway between the meal break and end of the work period. |
More than eight hours: additional breaks must be provided in line with the entitlements above.
Compensation instead of breaks
In almost all cases, employers must provide their employees with actual rest and meal breaks and may not give compensation instead of the employee taking the break. The obligation is that the employer makes the rest and meal breaks available to employees. The onus will then be on the employee to ensure that they take their breaks as agreed. Providing employees with compensation for going without breaks is restricted to employers in essential services or engaged in the protection of New Zealand’s national security and is only allowed in limited circumstances.
Suitable break facilities
In terms of the Health and Safety at Work Regulations 2016, employers must ensure, as is reasonably practicable, that adequate facilities are provided for employees including toilets, drinking water, hand-washing facilities, facilities for sick employees, and places where workers can eat and take uninterrupted breaks. These facilities must be clean, safe, accessible and in good working order. They must be fit for purpose given the nature and the size of the workforce.
Failure to meet obligations
An employer that does not provide at least the minimum prescribed breaks is in breach of employment law and is putting their workers at risk. Workers who do not take breaks are more likely to become fatigued or stressed, which can increase the risk of work-related incidents, sick leave and employee absence.
Create effective workplaces with Peninsula
Managing your employees, their health and safety, and their entitlements can be challenging. You also have to stay on top of changing legislation and regulations. We understand the support you need to keep up with your obligations and duties. Peninsula offers tailored advice and support that can help and let you focus on your business. For expert advice on how to manage rest and meal breaks in the workplace, contact the team at Peninsula.
This article is for general information purposes only and does not constitute as business or legal advice and should not be relied upon as such. It does not take into consideration your specific business, industry or circumstances. You should seek legal or other professional advice regarding matters as they relate to you or your business. To the maximum extent permitted by law, Peninsula Group disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, and reliability of the information in this article.