Time to down tools! We all look forward to taking a break. Breaks are important and no matter what you call them, all Kiwi employees are entitled to rest and meal breaks during their work hours.
But as an employer, how can you control when these breaks happen so that you maintain an effective workforce?
When it comes to employment, communication between employers and employees is key. While there is a minimum number of breaks an employee is entitled to take, there is also meant to be flexibility between the employer and employee about when the breaks take place.
What is the minimum requirement?
All employees are entitled to a 10 minute ‘rest break’, which must be paid, and a 30-minute meal break which is typically unpaid.
Employers must also provide employees with breastfeeding breaks as and when required. This can be paid or unpaid, and the employer should provide facilities so that breastfeeding employees can feed or express discreetly, if it is reasonable to do so.
Although some businesses are exempt from providing minimum breaks, for the most part an employee’s entitlement to breaks depends on how long their workday is:
Length of workday | Breaks entitlement |
0 – 2 hrs | No breaks |
2 – 4 hours | One 10-minute paid break |
4 – 6 hours | One 10-minute paid break One 30-minute unpaid break |
6 – 10 hours | Two 10-minute paid breaks One 30-minute unpaid break |
10 – 12 hours | Three 10-minute paid breaks One 30-minute unpaid break |
12 – 14 hours | Three 10-minute paid breaks Two 30-minute unpaid breaks |
14 – 16 hours | Four 10-minute paid breaks Two 30-minute unpaid breaks |
When should breaks be taken?
Breaks should be taken at mutually agreed times. The employer can say when an employee is to take their break; however, they cannot unreasonably refuse to change the time if the employee requests it. If the parties cannot agree on when breaks should be taken, the law sets out when they must be taken.
Is your business exempt?
The only businesses that are exempt from providing the minimum breaks are those engaged in the protection of New Zealand’s national security or an essential service. Even then, the exemption only applies if accommodating the breaks would not be in the public interest, and if the employer would incur unreasonable costs in replacing the employee during their break.
Getting it right
When breaks don’t happen because of a lack of organisation or communication, things can go wrong. There is an expectation that an employee is responsible for taking their breaks, but the employer must also facilitate this. That means making sure the employee knows when they can take their breaks and providing adequate cover for them to do so, so they can get away from where they do the majority of their work.