The Employment Relations Act 2000 introduces from 1 April 2009 statutory entitlements to rest breaks and meal intervals.
Rest breaks and meal intervals are to be observed during an employee's work period at times agreed to by the employee and his or her employer; but in the absence of such an agreement then the legislation specifies that so far as is reasonable and practicable the rest breaks and meal intervals must be provided in the middle of the applicable work period.
The Entitlements: - 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—(a) One 10-minute paid rest break; and (b) One 30-minute unpaid meal interval.
- If an employee's work period is more than 6 hours but not more than 8 hours, the employee is entitled to—(a) Two 10-minute paid rest breaks; and (b) One 30-minute unpaid meal interval.
- If an employee's work period is more than 8 hours, the employee is entitled to additional breaks as if the employee's work period had started at the end of the eighth hour i.e. their next 10 minute rest break would become due after their 10th hour.
The Act does not prevent an employer providing an employee with enhanced or additional entitlements to rest breaks and meal intervals (whether specified in an employment agreement or otherwise) on a basis agreed with the employee.
Employees who have greater entitlements for breaks do not lose them as a result of the new law.
Employer Support Package members - a suggested clause is available in the
Employers Toolbox Library section.