Employee Breaks: Employer Responsibilities and Common Challenges
By Renee Boyda
Breaks or rest periods maintain employee productivity, reduce stress, prevent burnout and can contribute to a healthy workplace culture. Legal issues can arise when employees do not receive adequate or uninterrupted breaks.
Given that breaks are essential for supporting employee well-being and are mandated by law, they should be recognized as a vital component of every workday.
Both federal and provincial legislation govern break laws for employees. The Canada Labour Code sets the minimum standard of an unpaid 30-minute break for every five consecutive hours of work. The provinces and territories cannot offer less than this minimum standard, with the majority providing exactly that. Newfoundland, however, provides for a more generous break of one hour unpaid after five hours of work. Employers can decide when breaks are taken to suit their business needs, but breaks must occur within the first five hours of work. If an employer requires an employee to remain at their disposal during the employee’s break, then the employer must compensate the employee for that period. Additionally, employers can encounter a host of other issues surrounding breaks, each of which require swift and careful handling:
- Outdated workplace policies: Employers must review and update their workplace break policy to comply with current legislation, which can vary among the provinces. Once updated the policy must be clearly communicated to staff so that they fully understand their break entitlements and responsibilities.
- Inadequate staffing or excessive workloads: Employers must continuously assess workloads and staffing needs. Do not ask or allow employees to skip their breaks as this can quickly lead to burnout, decreased productivity, and potential violations of employment laws. Instead, you should consider hiring additional staff, either temporarily, part-time, or through contingent staffing solutions, to fill labour gaps to enable breaks without disrupting operations.
- Modified break schedules due to accommodation: Some employees may have medical conditions that require them to take breaks more frequently or for longer durations. Be sure to have a process in place to handle requests for reasonable accommodation, including accommodation related to breaks.
- Employees who abuse breaks: Ensure that you have documented instances with dates and times for reference, then have a private, non-confrontational conversation with the employee. Allow the employee a chance to explain – there may be valid reasons such as health issues that may require an accommodation plan. Remind the employee of the break policy and clarify consequences of further violations. Monitor the situation and if the problem continues, then follow disciplinary procedures. Encourage all staff to respect break times and be sure to lead by example. Always approach this problem consistently and act quickly.
- Employees who refuse to take breaks: Not only do these employees experience a higher level of stress and lower productivity, but the employer may also have to pay overtime. All jurisdictions have a daily and weekly cut-off for normal work hours, and anything beyond those totals must be paid with overtime rates, regardless of whether the employee has permission to work extra time. If you have an employee who refuses to take their breaks, you must explain the break policy and why it is important. If they continue to work through their breaks, you must document the conversations and any warnings given and follow discipline procedures. Employers should be proactive with employees and ensure employees take breaks for compliance and well-being, using progressive discipline if the refusal persists.
There are very few legal exceptions where an employer can postpone or cancel an employee’s break. According to legislation, an employer can only postpone or cancel an employee’s break if it is necessary due to a situation that the employer could not reasonably anticipate and threatens the life, health and safety of a person; threatens to damage property; creates the loss of property or creates a serious and significant interference to the operations of the workplace. The key is that the situation is exceptional, unforeseen, imminent and severe. For example, if an employer is experiencing a continuous labour shortage, this would not be considered an exception as it is a predictable, ongoing condition that would not warrant the cancellation of a break under current legislation.
To conclude, employers must navigate their legislative responsibilities carefully, including legal exceptions and accommodations, to ensure compliance and address individual employee needs effectively. Employers have a clear legal duty to ensure employees actually take their entitled breaks and must establish and enforce clear workplace policies, monitor compliance, provide breaks without interruption, and ensure that if employees must be available during breaks, this time is paid appropriately. Failure to comply with legislation may damage the employer’s reputation, result in employee complaints or claims, and create potential legal liabilities related to workplace rights. Thus, employers should actively promote a culture that respects break periods to protect employee well-being, maintain productivity, and comply with legal obligations. If you need any assistance navigating this issue, or for any other HR assistance, please reach out to us at Legacy Bowes. We are here to help you!
Renee Boyda is a human resources consultant with Legacy Bowes. She is a CPHR candidate, received her Bachelor of Arts in Sociology from the University of Manitoba, and received both Human Resource Management and Management Development Certificates with Honours from Red River College. She is focused on building HR structures and processes to create consistency and fairness in workplaces across Canada. Renee is a proud Metis, with over 12 years of human resource experience in both union and non-union environments. She can be reached at (204) 947-5525.
