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Employment Relations Act 2000

Rest breaks and meal breaks

69ZE: Timing of rest breaks and meal breaks

You could also call this:

“This law explains when workers should take their breaks during the day if they haven't already agreed on times with their boss.”

You and your employer can agree on when you’ll take your rest breaks and meal breaks during your work day. If you’ve made an agreement, you’ll take your breaks at those times.

If you haven’t agreed on break times, there are rules about when you should take them. Your employer should try to give you breaks at certain times, as long as it’s reasonable and practical to do so.

If you work between 2 and 4 hours, you should get your rest break in the middle of your work time.

If you work more than 4 hours but not more than 6 hours, you should get your rest break about one-third of the way through your work time, and your meal break about two-thirds of the way through.

If you work more than 6 hours but not more than 8 hours, you should get a rest break halfway between starting work and your meal break, your meal break in the middle of your work time, and another rest break halfway between your meal break and when you finish work.

There are also rules for longer work periods and for when you have a break and then go back to work. These rules say where your breaks should be placed in your work time, depending on how long you’re working after your first break.

Remember, these rules apply when you and your employer haven’t agreed on specific break times. Your employer should follow these rules as much as they reasonably can.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1940672.

Topics:
Work and jobs > Worker rights
Previous

69ZD: Employee’s entitlement to, and employer’s duty to provide, rest breaks and meal breaks, or

“Workers get breaks during their work day, and bosses must give them these breaks.”

Next

69ZEA: Exemption from requirement to provide rest breaks and meal breaks, or

“ Some workers in important jobs might not get regular breaks if it's too hard to replace them ”

Part 6D Rest breaks and meal breaks

69ZETiming of rest breaks and meal breaks

  1. If an employee and employer have agreed on the times at which the employee is to take rest breaks and meal breaks during the employee’s work period, the rest breaks and meal breaks are to be taken at those times.

  2. In the absence of an agreement, the rest breaks and meal breaks are to be taken in accordance with the applicable provision in subsections (3) to (7).

  3. If section 69ZD(2) applies, an employer must, so far as is reasonable and practicable, provide the employee with the rest break in the middle of the work period.

  4. If section 69ZD(3) applies, an employer must, so far as is reasonable and practicable, provide the employee with—

  5. the rest break one-third of the way through the work period; and
    1. the meal break two-thirds of the way through the work period.

      1. If section 69ZD(4) applies, an employer must, so far as is reasonable and practicable, provide the employee with—

      2. a rest break halfway between the start of work and the meal break; and
        1. the meal break in the middle of the work period; and
          1. a rest break halfway between the meal break and the finish of the work period.

            1. If section 69ZD(5) and (6) apply, an employer must, so far as is reasonable and practicable, provide the employee with—

            2. a rest break halfway between the start of work and the meal break; and
              1. the meal break in the middle of the work period; and
                1. a rest break halfway between the meal break and the finish of the work period.

                  1. If section 69ZD(5) and (7) apply, an employer must, so far as is reasonable and practicable, provide the employee with the breaks as follows:

                  2. if the subsequent period is 2 hours or more but not more than 4 hours, the rest break in the middle of the subsequent period:
                    1. if the subsequent period is more than 4 hours but not more than 6 hours,—
                      1. the rest break one-third of the way through the subsequent period; and
                        1. the meal break two-thirds of the way through the subsequent period:
                        2. if the subsequent period is more than 6 hours but not more than 8 hours,—
                          1. a rest break halfway between the start of the subsequent period and the meal break; and
                            1. the meal break in the middle of the subsequent period; and
                              1. a rest break halfway between the meal break and the finish of the subsequent period.

                              Notes
                              • Section 69ZE: replaced, on , by section 43 of the Employment Relations Amendment Act 2018 (2018 No 53).