Its often the simple things we think we are doing right as employers that catches us out. Do you know that how long, and when an employee can take breaks are based on the length of their ‘work period’.
The work period means the period from the time an employee starts work till the time an employee finishes work, including all paid and unpaid authorised breaks.
The Employment Relations Act provides an exemption from the required set rest and meal break entitlements in certain circumstances for essential services or employers that engage in New Zealand’s national security.
The following is a list of break entitlements
The minimum length of breaks required by law is 10 minutes for rest breaks and 30 minutes for meal breaks. Here are the minimum number of breaks that must be provided to employees for each time period worked.
2 or more hours worked but not more than 4 hours
1 x 10-minute paid rest break
4 or more but not more than 6
- 1 x 10-minute paid rest break
- 1 x 30-minute unpaid meal break
More than 6 but less than 10
- 1 x 10-minute paid rest break
- 1 x 30-minute unpaid meal break
- 1 x 10-minute paid rest break
10 or more but no more than 12
- 1 x 10-minute paid rest break
- 1 x 30 minutes unpaid meal break
- 1 x 10-minute unpaid break
- 1 x 10-minute unpaid rest break
More than 12 but less than 14
- 1 x 10-minute paid rest break
- First 30-minute unpaid meal break
- 1 x 10-minute paid rest break
- 1 x 10-minute pad rest break
- Second unpaid 30-minute meal break
More than 14 but no more than 16
- 1 x 10 minutes paid rest break
- First 30-minute unpaid mal break
- 1 x 10-minute paid break
- 1 x 10-minute paid rests break
- Second unpaid 30-minute break
- 1 x 10-minute paid rest break
You need to remember all the above timings are minimums, that with the introduction of the Fair Pay legislation, all these times may be up for re-negotiation. Unions and other appointed representatives may well include meal break increases as part of any negotiations moving forward.
Further assistance on timing of breaks, payment of breaks, negotiating breaks, compensation instead of breaks can be provided on request.
This information is not a substitute for legal advice, we recommend that if you identify problems in the areas listed you consult with someone before acting on any material you have read
