Breaks
Rest and meal breaks have direct benefits for workplaces by helping employees stay safe in their jobs. Well rested employees are also happier and more productive.
Employers have a duty under the Health and Safety in Employment Act to provide a safe working environment. You have an obligation to control hazards, including physical and mental fatigue, which could result in people being harmed. Where fatigue has been identified as a hazard, appropriate rest breaks should be provided to ensure that it is not likely to cause harm.
What you must do
- Rest breaks must be paid. Whether meal breaks are paid will depend on what you and your employee agree to.
- You are required to provide rest and meal breaks that are appropriate to the length of an employee’s work period and provide an employee a reasonable opportunity, during their work period, for rest, refreshment, and to attend to personal needs.
- You must provide an employee with a reasonable opportunity to negotiate in good faith and reach agreement on the timing and length of rest and meal breaks. If no agreement is reached, an employer may specify the times and length of breaks.
- You must consider your obligations under the Health and Safety in Employment Act. This includes controlling hazards, such as physical and mental fatigue, which could result in people being harmed. Where fatigue has been identified as a hazard, appropriate rest breaks should be provided to ensure that fatigue is not likely to cause harm.
- In some cases breaks may be restricted or not provided. However, there are special requirements that must be met. Where breaks are not provided you must provide your employee with compensatory measures.
- See the Rest and Meal breaks section for more information.
Infant feeding
An employee coming back to work after taking parental leave may want to feed her baby or express breast milk at work. Work-life balance is increasingly important to employees and any way you can support mothers working for you will help you retain their services.
What you must do
- Consider a request from an employee who wishes to breastfeed or express milk in the workplace.
- Consider if it is reasonable and practicable in the circumstances to provide breaks and facilities.
- See the Code of Employment Practice on Infant Feeding for guidance on employer obligations
What you could do
- Negotiate the frequency and length of breastfeeding breaks with your employee. Breastfeeding breaks are in addition to rest and meal breaks unless agreed otherwise. They are paid only if agreed between you and your employee.
- You could find somewhere appropriate and private for employees who are breastfeeding or expressing milk.
- If you can't provide the space for infant feeding, you could allow time so that your employee can use off-site facilities such as a crèche or Plunket room if they wish.
- Mothers who wish to express at work may require a fridge to store their breast milk in.
