Hours, shifts and breaks
Breaks
What are the minimum breaks I am entitled to?
Employment Relations Act 2000, ss 69ZD, 69ZG
If you work these hours |
You are entitled to these breaks |
| Less than 2 hours | No breaks |
| 2 or more hours, less than 4 | 1 x 10 minute paid rest break |
| 4 or more hours, less than 6 | 1 x 10 minute paid rest break 1 x 30 minute unpaid meal break |
| 6 or more hours, less than 10 | 2 x 10 minute paid rest break 1 x 30 minute unpaid meal break |
| 10 or more hours, less than 12 | 3 x 10 minute paid rest break 1 x 30 minute unpaid meal break |
| 12 or more hours, less than 14 | 3 x 10 minute paid rest break 2 x 30 minute unpaid meal break |
| 14 or more hours, less than 16 | 4 x 10 minute paid rest break 2 x 30 minute unpaid meal break |
You and your employer should agree on the time the breaks will be taken. This will usually be spaced out across the length of your shift, so you have a break every few hours. If you can’t agree on when the breaks will be, your employer should follow the rules set out by Employment NZ, here (you can also go to www.employment.govt.nz and search “rest and meal breaks” to find these guidelines).
Will I get paid while on my break?
At minimum, you will be paid for every 10-minute rest break. Your employer doesn’t have to pay you for any 30-minute meal breaks.
For example, if you are at work for 7 hours, you are entitled to two paid 10 minute breaks, and one unpaid 30 minute break. You will be paid for 6.5 hours in total.
What if my employer doesn’t let me have the breaks I’m entitled to?
Employment Relations Act 2000, s 69ZF
If your employer doesn’t provide you with the breaks you’re entitled to, you can complain to the ERA and it can make the employer pay a financial penalty (see: “Resolving employment problems”).
What if I’m an essential worker?
Employment Relations Act 2000, ss 69ZEA, 69ZEB
Some workers involved in essential services don’t have the right to the set break times set out above. This includes hospital and ambulance staff, and workers involved with electricity, sewage and water supplies. The exceptions also apply to jobs that involve national security.
In these cases, you can agree with your employer that you’ll take your breaks at different times or in a different way. If you can’t come to an agreement on this, then your employer has to give you some kind of compensation for not having the breaks that workers in non-essential services get. This compensation could be extra money, or it might be an arrangement like letting you start work later or finish earlier.
