As a result of the Employment Relations Amendment Act 2018 and from 6 May 2019, there are new rules employers need to follow for providing employees with rest and meal breaks.

Previously, the legislation allowed employers to determine the times employees were able to take breaks and for how long (within reason).  Under the new legislation, employees will be entitled to prescribed breaks based on the length of their work period such as:

  • If an employee’s work period is 2 hours or more but not more than 4 hours, the employee is entitled to one 10-minute paid rest break.
  • If an employee’s work period is more than 4 hours but not more than 6 hours, the employee is entitled to one 10-minute paid rest break; and one 30-minute (unpaid) meal break.
  • If an employee’s work period is more than 6 hours but not more than 8 hours, the employee is entitled to two 10-minute paid rest breaks; and one 30-minute (unpaid) meal break.
  • During the work period beyond 8 hours (the subsequent period), the employee is entitled to the following:
    • if the subsequent period is 2 hours or more but not more than 4 hours, to one 10-minute paid rest break;
    • if the subsequent period is more than 4 hours but not more than 6 hours, to one 10-minute paid rest break; and one 30-minute meal break;
    • if the subsequent period is more than 6 hours but not more than 8 hours, to two 10-minute paid rest breaks; and one 30-minute meal break.

The timing of the breaks can be mutually agreed (or specified in the employment agreement), however if no agreement has been made then the Act sets out provisions for the timing of taking breaks.  This is basically that as far as is reasonable and practicable, the employer is to provide the employee with the relevant break(s) in the middle of the work period(s).

It’s important to note that under most circumstances, employers can no longer ‘buy out’ breaks by providing an employee with reasonable compensation instead of allowing the employee to take a break.

We recommend that employment agreements be updated or amended to reflect these new provisions and are happy to help you with this if you’d like to get in touch.

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Please do not substitute this article for professional advice.