The law states that an employer is required to provide a minimum of a 1 – 20-minute rest break to any employee who works for more than six hours a day. However, the employer is not required to pay for rest breaks. Need some clarity on the laws regarding employee breaks? Contact our employment law department for advice.
On the other hand, rest breaks are largely governed by an employment contract and the policies and procedures that are put in place for a specific workplace. An employer can, therefore, offer more rest breaks than required by law to their employees or increase the length of the rest break. An employer can also decide whether their employees will get paid and the amount they will get paid for taking a rest break.
An employee may not opt out of the rest break and is required to take the break if they work for a period of longer than six hours in a day. They may therefore not forego a rest break in order to continue working. However, the rest break may not be deducted from their six-hour working day and must be offered over and above their regular working hours as stipulated in the employment contract.
The rest break may not be broken up into smaller time portions. For example, if an employer offers a 20-minute rest break, an employee cannot take 4 – 5-minute rest breaks or 2 – 10-minute rest breaks throughout the working day but must take the entire rest break of 20 minutes in one go.
An employee can use their rest break as they wish. They can leave the work premises or spend time in an area designated for rest breaks by their employer. As long as they refrain from performing any work-related tasks during their designated rest break for a minimum period of 20 minutes.
The content on this page is for general awareness only. It is not intended to constitute professional or legal advice. Changes to legislation may have happened since this article was published. The contents of this article should not be used as a basis for action and the reader should be advised to seek the appropriate professional advice based on their individual circumstances.
