3 Tips for Managing Rest and Meal Breaks in NZ

In Short

• Employers must provide paid rest breaks and unpaid meal breaks based on work hours.

• Disputes over break times should be negotiated in good faith to reach a mutual agreement.

• Health and safety obligations require breaks to prevent fatigue, especially in physically demanding roles.

Tips for Businesses

Ensure compliance with legal obligations regarding rest and meal breaks. Understand the specific requirements based on work duration and foster open communication when disputes arise. Promote a culture of flexibility to support employee well-being and avoid fatigue-related risks. Consider mediation if break times cannot be agreed upon directly.

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Table of Contents

• 1. Know Your Legal Obligations
• 2. Negotiate in Good Faith When There is a Dispute Over Breaks
• 3. Remember the Health and Safety Implications of Breaks
• Key Takeaways
• Frequently Asked Questions

While rest and meal breaks are a standard feature of life in all New Zealand workplaces, it can sometimes be unclear as an employer how to manage issues with those breaks when they occur. Sometimes standard practices with rest and meal breaks do not line up with employment legal obligations. So, it is important to know what your business’ obligations are and how to manage any disputes or other issues.

This article sets out three tips for managing rest and meal breaks in your business, including: 

• knowing your legal obligations; 
• negotiating in good faith in the event of a dispute; and
• remembering the health and safety implications of breaks at work.

1. Know Your Legal Obligations

As a New Zealand employer, you must ensure that you provide employees with rest and meal breaks. There are some specific exemptions to this obligation for employers that offer essential services or are part of the military. Still, you will likely be aware in any case if these apply to your business. You should certainly err on the side of offering your employees breaks. You should also get legal advice if you are not sure whether your business fits into one of the exceptions or not.

There are specific legal obligations with both rest and meal breaks that differ depending on the length of the period of work your employees are working. However, no matter the period of work, rest breaks (which must be at least 10 minutes each) must be paid breaks. Meal breaks (which must be at least 30 minutes each) can be unpaid and are typically unpaid breaks. In terms of how many rest and meal breaks employees are legally entitled to, there is a sliding scale depending on how long they are working for. 

2. Negotiate in Good Faith When There is a Dispute Over Breaks

There is no concrete prescription for when rest and meal breaks must be taken. Employment law in New Zealand encourages employers and employees to agree on the best time to take rest and meal breaks. Sometimes this is set out in a collective agreement if there is an operative collective agreement for the particular workplace. In any case, it is always preferable for employers and employees to agree to an arrangement that works for all parties.

However, sometimes employees may want to take their breaks at times that do not suit the employer. If that is the case for your business, it is important to first negotiate with your employees in good faith. You should try to understand where they are coming from and whether there is a compromise that fits both of your aims. If either party strongly disagrees with the approach taken, they can request mediation services from the government’s dedicated Mediation Services unit. 

3. Remember the Health and Safety Implications of Breaks

Finally, remember that rest and meal breaks have an important role to play in your business’ health and safety practices. Rest and meal breaks help promote good morale and prevent your employees from suffering from fatigue. 

Particularly when your workers have physically demanding or tiring work, you have an obligation to make sure that they are getting regular breaks. This ensures that your employees are not risking harm to themselves or others, for instance, by operating heavy machinery while being tired.

Key Takeaways

Managing rest and meal breaks is a subtle but important part of being a good employer. Make sure to be across your legal obligations and what your employee’s entitlements to breaks are. You should at least be meeting your minimum obligations. Your health and safety obligations are relevant too, particularly if your employees have any dangerous work or need to operate heavy machinery. Finally, in the event of a dispute, remember to negotiate in good faith. Also be aware you may need to go to mediation if you cannot agree with employees as to when they should take breaks. If you would like more information about rest and meal breaks in New Zealand, contact LegalVision’s employment lawyers on 0800 005 570 or complete the form on this page.

Frequently Asked Questions