
#Lunch break clock code#


If a collective agreement contains any provisions about hours of work or overtime that meet or exceed the requirements of Part 4, those provisions of the collective agreement replace the Act’s requirements for employees covered by the agreement. An employee is available for work when an employer requires the employee to remain on company property during a meal break.Įmployees covered by a collective agreement This subsection ensures the meal break is considered time worked when an employee is required to be available for work during the break.
#Lunch break clock free#
Because the employee did not receive a ½ hour meal break free from work, the employee would be paid for the entire 6 hours they were at work. The employer explained that no one was available to give the employee a meal break and they should eat their meal on the job. If an employer allows an employee to work at any time during a scheduled meal break, the employer must count the entire meal break as time worked for that day and include the time worked in payroll records as noted in s.28 of the Act.Īn employee works the night shift at a gas station from midnight to six am. The employer must schedule another ½-hour meal break by 3:00 pm in order that Theresa does not work more than 5 consecutive hours.Ĭertain work situations require that employees be available for work, or actually perform work, through their meal break. Theresa is scheduled to work a 10-hour shift commencing at 7:00 am, and is given a ½-hour meal break from 9:30 am to 10:00 am. These informal breaks cannot be added up and substituted for a continuous ½-hour meal break as required by this section.ĭepending on the length of the shift, or how the breaks are scheduled, the employer may be required to give more than one meal break per shift. Informal “coffee breaks”, or breaks of less than ½ hour, are not considered meal breaks for purposes of this section. There is no requirement to pay an employee for this meal break unless they perform work during the meal break, or are available to perform work as outlined in subsection (2).Ī meal break is a continuous period of at least one-half hour during which the employee is allowed to eat.

(2) An employer who requires an employee to work or be available for work during a meal break must count the meal break as time worked by the employee.Įmployers must give meal breaks to employees to ensure they do not work more than 5 consecutive hours without an opportunity for a break.

(b) that each meal break lasts at least 1/2 hour. (a) that no employee works more than 5 consecutive hours without a meal break, and This section specifies the maximum time an employee can work without a meal break, the minimum length of the break and under what circumstances the break must be paid.
