How many hours until entitled to a break

Minimum breaks are set out in the Working Time Regulations. These regulations apply to most workers but there are some exceptions, which are explained below.

The regulations also give you rights to paid holiday, limits on your working week and limits on night work. If you're an adult worker over 18 , you'll normally have the right to a 20 minute rest break if you're expected to work for more than six hours at a stretch. There's no statutory right to 'smoking breaks'. If you're under 18, but over school leaving age you're under school leaving age until the end of summer term of the school year in which you turn 16 , you're classed as a 'young worker'.

A young worker is entitled to a 30 minute rest break if they are expected to work for more than four and a half hours at a stretch. The requirements are:. If you're an adult worker you usually have the right to a break of at least 11 hours between working days.

If you're an adult worker you usually have the right to 24 hours clear of work each week or 48 hours clear each fortnight. If the nature of the job makes it unavoidable, for example you work split shifts, then the 48 hours could be reduced to 36 hours so long as time off is given in compensation later on.

Instead of getting normal breaks, you're entitled to 'compensatory rest'. This is rest taken later, ideally during the same day or following working day. The principle is that everyone gets on average 90 hours rest a week, although some rest may come slightly later than normal.

It is recommended that you take your rest breaks, as they are there to protect your health and safety and it is your entitlement. Your employer can make you take a break if your contract allows them to. If your job is organised so that you can't take breaks, or if your employer doesn't allow you to take them, you should first raise the matter with your manager. If you have an employee representative like a trade union official or health and safety representative, they can take up the matter for you.

If you're a member of a trade union , you can get help, advice and support from them. We will not reply to your feedback. Don't include any personal or financial information, for example National Insurance, credit card numbers, or phone numbers. The nidirect privacy notice applies to any information you send on this feedback form.

If this is not possible for example, there's an emergency at work , the employer must take steps to provide enough rest for the employee. Shift workers might not be entitled to the full legal rest breaks for the working day or week if both of these points apply:. The same applies to employees whose work is split up over the day 'split shifts'.

For example, a cleaner who works from 6am to 9am, and again from 3pm to 7pm. If an employee needs to miss a rest break for business reasons for example, there's an emergency at work or they're changing shift pattern , their employer must make sure the break is taken in a different way. This is sometimes known as 'compensatory rest'. There are different rules for rest breaks for unders.

Find out more about jobs with different rules. If you like, you can tell us more about what was useful on this page. Please do not include any personal details, for example email address or phone number. If you have a question about your individual circumstances, call our helpline on We cannot respond to questions sent through this form.

Breadcrumbs Home Advice Contracts, hours and pay Working hours. Rights to rest breaks Employees on call Making up for missed rest breaks. Rights to rest breaks Employees have the same rights to rest breaks wherever they are working, for example in the workplace or working from home. Payment Paid rest breaks must be paid at the same rate for which the employee would be paid to work. Employees should not be financially disadvantaged when rest breaks are taken. Employers should have no difficulty working out the value of rest breaks for employees who are paid a standard hourly rate.

Employers must ensure that employees working on variable rates such as piece rates are paid for their breaks. A rate of pay for breaks can be calculated based on the rate of pay employees will have been receiving at the time of the break.

Labour Inspectorate position statement: Paid rest breaks [PDF KB] Negotiating breaks Employers and employees must have a reasonable opportunity to negotiate in good faith and reach agreement over the timing and length of breaks. Compensation instead of breaks Giving employees some form of compensation for going without breaks is only allowed in limited circumstances.

It may include: time off work at an alternative time for example allowing a later start time or an earlier finish time, or an accumulation of time off work ; or financial compensation; or both time off work at an alternative time and financial compensation. Health and safety There are two reasons for employers to provide adequate breaks: to promote good morale and productivity to prevent fatigue causing harm.

Essential services. Employers engaged in an essential service may be exempt if: continuity of service or production in the essential service is critical to the public interest, including without limitation services affecting public safety; and the employer would incur unreasonable costs in replacing an employee employed in the essential service during the rest breaks and meal breaks with another person who has sufficient skills and experience, and without compromising public safety.

National security. Exceptions under other legislation. Resolving problems If an employee thinks they are not being allowed to have the breaks they are entitled to, they should first raise the matter with their employer. Contact us If employees are union members, they can seek assistance from their union. Mediation Employment Relations Authority. Tools and Resources Subscribe to our email newsletter Receive news and updates each month from Employment New Zealand. Other links you might find useful Breastfeeding at work.

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