Rest Breaks: Legal and Practical Considerations
Rest Breaks: Legal and Practical Considerations
Most employers recognize that periodic work breaks are beneficial for employee health and productivity, and can reduce accidents and mistakes caused by fatigue and boredom. You should, however, consider a number of different factors before establishing a policy on rest breaks. These factors include applicable federal or state legal requirements, special employee needs, and differing job requirements. Consideration of these factors will help you establish an effective policy.
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Editor's Note regarding citations used in this article:
References to "C.F.R." refer to the Code of Federal Regulations, the official government publication for federal regulations.
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* Wage and Hour Laws *
Federal wage and hour laws do not require employers to provide rest breaks but, if breaks are provided, they generally must be treated as paid work time. According to the Fair Labor Standards Act (FLSA), employers providing rest breaks of 5 to 20 minutes must pay nonexempt employees for the time and count it in determining the number of hours worked (see 29 C.F.R. §785.18).
In contrast to federal law, some states, like California, Maine, and Minnesota, specifically require rest breaks for nonexempt employees. State laws regulating breaks vary, but often specify the timing and minimum duration for breaks. Like other violations of state wage and hour laws, the failure to enforce required rest periods can subject employers to penalties or criminal actions. Therefore, you need to be sure to check for specific state laws and regulations.
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FREE DOWNLOAD - REST BREAKS POLICY
Try a free sample of the valuable information our Personnel Policy Manual service subscribers receive. You will get a carefully written and legally reviewed model Rest Breaks Policy, complete with all the extensive management and legal background you need.
Go to: http://www.ppspublishers.com/dcrest.htm
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Breaks to Accommodate Special Needs
Regardless of wage and hour laws, there are situations where an employer should consider rest breaks to accommodate particular employees with special needs, such as those with disabilities and new mothers.
1. Rest breaks as a reasonable accommodation for a disabled employee.
The Americans with Disabilities Act (ADA) requires covered employers to make reasonable accommodations to qualified disabled individuals to enable them to perform essential functions of the job. Thus, if breaks would enable a disabled employee to perform essential job functions, an employer may have to modify the employee's work schedule to allow additional or longer rest breaks (see 29 C.F.R. §1630.2(o)(2)(ii)). For instance, a court ruled that an employee who was unable to stand for long periods could be offered uninterrupted paid short breaks, and extended unpaid breaks, as a reasonable accommodation (see Stewart v. Happy Herman's Cheshire Bridge, Inc. 117 F.3d 1278 (11th Cir. 1997)). Another example would be a diabetic employee who could be accommodated with extra breaks for snacks or insulin injections.
Breaks for new mothers returning to work.
Breastfeeding women often face some difficult choices if unable to express milk at work and store it for later use. For example, they may have to choose to stop breastfeeding, take longer leaves, or even quit their jobs. Therefore, accommodations for these women can ease the transition back to work and improve retention rates. Since most breastfeeding women require breaks of only 20 to 30 minutes, they generally can use regularly scheduled breaks, with brief extensions, for this purpose.
Besides the practical arguments for accommodating breastfeeding workers, a few states, including California, Hawaii, Illinois, Minnesota, and Tennessee, require employers to give them unpaid breaks to express milk during the workday. Generally, these states require employers to provide such reasonable break time, unless doing so is unduly disruptive to operations.
No Special Breaks for Smokers
Smokers, in contrast to disabled employees and new mothers, generally are not provided special breaks. Instead, those employers that allow smoking normally confine it to regular break periods. However, some employers find that their smokers tend to abuse break time, and nonsmokers resent it. You can head this problem off by consistently enforcing break times for all employees (not just smokers) and by disciplining abuses when they occur. Consistent enforcement can lessen the perception that smokers get more breaks or that they are subjected to greater scrutiny.
Tailor Rest Breaks to Differing Job Situations
Even if not required by law, rest breaks make sense in most workplaces just based on such practical considerations as employee welfare, safety, and productivity. When there are no state mandates or ADA considerations, employers generally have the discretion to establish their own break rules and can build in flexibility to accommodate practical considerations. Although two fifteen-minute rest breaks in an eight-hour work period are common, you should consider tailoring break schedules to the requirements of the job.
For example, employees who work under high physical or mental stress may be more productive if given frequent short rest breaks. Alternatively, some employers allow nonexempt employees to take breaks as needed, instead of on a predetermined schedule, as long as their job duties are completed. However, whatever your policy, you still need to be consistent and make sure you treat similarly situated individuals or groups in a nondiscriminatory manner.
Subscribers to the Personnel Policy Manual and HR Policy Answers on CD can find a model policy on rest breaks in Rest Breaks, Chapter 704, and a discussion of the related management and legal issues in the same chapter.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
FREE DOWNLOAD - REST BREAKS POLICY
Don't take a chance with your policy or handbook language. Understand all the management and legal considerations before you make important decisions.
Go to: http://www.ppspublishers.com/dcrest.htm
Most employers recognize that periodic work breaks are beneficial for employee health and productivity, and can reduce accidents and mistakes caused by fatigue and boredom. You should, however, consider a number of different factors before establishing a policy on rest breaks. These factors include applicable federal or state legal requirements, special employee needs, and differing job requirements. Consideration of these factors will help you establish an effective policy.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Editor's Note regarding citations used in this article:
References to "C.F.R." refer to the Code of Federal Regulations, the official government publication for federal regulations.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
* Wage and Hour Laws *
Federal wage and hour laws do not require employers to provide rest breaks but, if breaks are provided, they generally must be treated as paid work time. According to the Fair Labor Standards Act (FLSA), employers providing rest breaks of 5 to 20 minutes must pay nonexempt employees for the time and count it in determining the number of hours worked (see 29 C.F.R. §785.18).
In contrast to federal law, some states, like California, Maine, and Minnesota, specifically require rest breaks for nonexempt employees. State laws regulating breaks vary, but often specify the timing and minimum duration for breaks. Like other violations of state wage and hour laws, the failure to enforce required rest periods can subject employers to penalties or criminal actions. Therefore, you need to be sure to check for specific state laws and regulations.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
FREE DOWNLOAD - REST BREAKS POLICY
Try a free sample of the valuable information our Personnel Policy Manual service subscribers receive. You will get a carefully written and legally reviewed model Rest Breaks Policy, complete with all the extensive management and legal background you need.
Go to: http://www.ppspublishers.com/dcrest.htm
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Breaks to Accommodate Special Needs
Regardless of wage and hour laws, there are situations where an employer should consider rest breaks to accommodate particular employees with special needs, such as those with disabilities and new mothers.
1. Rest breaks as a reasonable accommodation for a disabled employee.
The Americans with Disabilities Act (ADA) requires covered employers to make reasonable accommodations to qualified disabled individuals to enable them to perform essential functions of the job. Thus, if breaks would enable a disabled employee to perform essential job functions, an employer may have to modify the employee's work schedule to allow additional or longer rest breaks (see 29 C.F.R. §1630.2(o)(2)(ii)). For instance, a court ruled that an employee who was unable to stand for long periods could be offered uninterrupted paid short breaks, and extended unpaid breaks, as a reasonable accommodation (see Stewart v. Happy Herman's Cheshire Bridge, Inc. 117 F.3d 1278 (11th Cir. 1997)). Another example would be a diabetic employee who could be accommodated with extra breaks for snacks or insulin injections.
Breaks for new mothers returning to work.
Breastfeeding women often face some difficult choices if unable to express milk at work and store it for later use. For example, they may have to choose to stop breastfeeding, take longer leaves, or even quit their jobs. Therefore, accommodations for these women can ease the transition back to work and improve retention rates. Since most breastfeeding women require breaks of only 20 to 30 minutes, they generally can use regularly scheduled breaks, with brief extensions, for this purpose.
Besides the practical arguments for accommodating breastfeeding workers, a few states, including California, Hawaii, Illinois, Minnesota, and Tennessee, require employers to give them unpaid breaks to express milk during the workday. Generally, these states require employers to provide such reasonable break time, unless doing so is unduly disruptive to operations.
No Special Breaks for Smokers
Smokers, in contrast to disabled employees and new mothers, generally are not provided special breaks. Instead, those employers that allow smoking normally confine it to regular break periods. However, some employers find that their smokers tend to abuse break time, and nonsmokers resent it. You can head this problem off by consistently enforcing break times for all employees (not just smokers) and by disciplining abuses when they occur. Consistent enforcement can lessen the perception that smokers get more breaks or that they are subjected to greater scrutiny.
Tailor Rest Breaks to Differing Job Situations
Even if not required by law, rest breaks make sense in most workplaces just based on such practical considerations as employee welfare, safety, and productivity. When there are no state mandates or ADA considerations, employers generally have the discretion to establish their own break rules and can build in flexibility to accommodate practical considerations. Although two fifteen-minute rest breaks in an eight-hour work period are common, you should consider tailoring break schedules to the requirements of the job.
For example, employees who work under high physical or mental stress may be more productive if given frequent short rest breaks. Alternatively, some employers allow nonexempt employees to take breaks as needed, instead of on a predetermined schedule, as long as their job duties are completed. However, whatever your policy, you still need to be consistent and make sure you treat similarly situated individuals or groups in a nondiscriminatory manner.
Subscribers to the Personnel Policy Manual and HR Policy Answers on CD can find a model policy on rest breaks in Rest Breaks, Chapter 704, and a discussion of the related management and legal issues in the same chapter.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
FREE DOWNLOAD - REST BREAKS POLICY
Don't take a chance with your policy or handbook language. Understand all the management and legal considerations before you make important decisions.
Go to: http://www.ppspublishers.com/dcrest.htm
posted by e-Learning Place at 12:05 PM
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