Rest and Meal Breaks

 

Rest and Meal Breaks:

What the 6th of May changes might mean for you

Most employers are aware of the recent changes to rest and meal break legislation that were introduced last month. However, you may still be grappling with what, if any, change is required when you apply the new legislation to your workplace.

 

What changed?

Prior to the change, the law stipulated that employees were entitled to receive a ‘reasonable’ opportunity to take rest and meal breaks. The new legislation stipulates that employees are entitled to set breaks based on the number of hours that they work.

 

What are the entitlements?

Less than 2 hour total work period No breaks
2 – 4 hour total work period 1 x paid 10min break
4.01 – 6 hour total work period 1 x paid 10min break, 1 x unpaid meal break of 30mins
6.01 – 10 hour total work period 2 x paid 10min breaks, 1 x unpaid meal break of 30mins

 

When should the breaks be taken?

The employer and employee can agree when the rest and meal breaks are to be taken.

  • In many office-based roles, the employee will continue to have the responsibility to decide when to take their breaks based on the requirements of their role and their own preferences.
  • In other roles and work environments, you may have a roster that sets the rest and meal break times for all employees. This may be changed from time to time – usually in consultation with employees
  • You can also agree that flexibility is required around the timing of breaks i.e. “the first paid rest break can be taken at the end point of a production run at any time in the first half of the shift”.

Employers must consider their health and safety obligations in agreeing to the timing of breaks – i.e. in high risk environments or safety sensitive roles, you are obligated to manage the risks that may arise from worker fatigue.

 

What happens if you can’t agree on the timing of breaks?

The Act does outline the timing of breaks if the employer and employee can’t agree (see below), but also states that the employer can provide breaks at different times if it’s not reasonable or practical for breaks to be taken at the times set in law.

The times outlined in the Act are:

2 – 4 hour total work period ·         1 x 10 minute paid rest break in the middle of the work period
4.01 – 6 hour total work period ·         1 x 10 minute paid rest break one-third of the way through the work period

·         1 x 30 minute unpaid meal break two-thirds of the way through the work period

6.01 – 10 hour total work period ·         1 x 10 minute paid rest break halfway between the start of work and the meal break

·         1 x 30 minute unpaid meal break In the middle of the work period

·         1 x 10 minute paid rest break halfway between the meal break and the finish of the work period

 

Remember that even if you have employees that work in an office environment you have an obligation to ensure that breaks are being taken and your staff are sufficiently rested.

Positive People have 24 years experience helping employers develop HR policies and processes which are best practice, minimise risk and help to get the most from your team. Call us today to ensure you have your breaks sorted.

Winter Wellness and Managing Sick Leave

Winter Wellness and Managing Sick Leave

As we approach the shortest day (hello 22 June!), winter illnesses have inevitably made their presence known. This can create challenges for businesses as we stretch to cover the increase in unplanned leave. But what can be done?

Our advice is twofold: 

  1. Promote Wellness – this is the ambulance at the top of the cliff approach
  2. Manage sick leave effectively – this requires knowing some of the ins and outs of the relevant employment legislation

Ideas for Promoting Wellness

  • Focus on prevention:
    • Offer free flu vaccinations
    • Have a Doctor visit your workplace and speak to your team about managing common health issues
    • Have a wellness day where you supply some healthy food to encourage healthy eating to support the immune system – it could be as simple as a cup of good quality pumpkin soup and a fruit platter
    • Have a speaker come in to talk about the importance of sleep for wellness, and how to get a better night’s sleep
  • Encourage exercise:
    • Offer a rebate towards a membership at the local gym or subscription for a winter sports team
    • Offer free entry fees into a fun run and enter as a team
    • Encourage people to use their meal break to go for a walk
    • Start a step challenge and provide (or possibly loan) basic step trackers for participants who don’t already have one
  • If people are unwell, encourage them to stay home. Where possible and practical, that may include some or all of the day working from home.
  • Check with your cleaners to ensure they are putting extra time into cleaning door handles, light switches and common areas such as the kitchen and bathrooms to avoid germs spreading.

 

Managing Sick Leave – Answering your FAQs

Sick leave for casual, fixed-term and part-time employees

  • Like permanent employees, fixed-term employees are also entitled to five days sick leave after six months’ current continuous service
  • Casual employees are entitled to five days’ paid sick leave if they have worked an average of 10 hours per week, and at least one hour in every week or 40 hours in every month over a six month period. They will also be entitled to five days’ paid sick leave in each subsequent period of 12 months that follows provided that the above criteria continue to apply.
  • Sick leave entitlements are not pro-rata. For example, even if a part-time employee only works three days a week, they still get five days’ sick leave a year

Payment for sick leave where the employee has an irregular work pattern

  • Payment for sick leave is at the rate the employee would ordinarily be paid on the day leave is taken. This means:
    • If the employee’s agreement says they work 8 hours per day, but they regularly work an additional 30 minutes that day of the week and are paid for this, they should be paid 8.5 hours for their day off sick
    • If the employee has an irregular pattern, sick leave is payable if the employee was rostered to work on the particular day leave is taken, or could have expected to be rostered

Payment for part days off Sick

  • The Holidays Act describes sick leave in ‘days’ – so if an employee works for part of the day and then goes home sick, technically this may be counted as using a whole day of sick leave, no matter how much of the day the employee has worked before going home.
  • However, many payroll systems describe sick leave balances in hours and the employee and employer can agree to translate this to describing the entitlement in part days. For example, if an employee worked a half day then went home sick, their employer could agree to only deduct a half day of sick leave.
  • It is up to the employer to decide on an approach regarding part days of sick leave – for example you may choose to only allow whole or half days (not quarter days or exact hours). However, if this represents a change to the status quo we recommend consulting (if appropriate), communicating clearly and then applying the rule consistently

Medical Certificates

  • You can request a medical certificate after three consecutive days (regardless of whether these are all working days or not) at the employees’ cost, and you can request one earlier (even for 1 day) if you cover the cost.
  • You can request evidence (which may be a medical certificate) at the employee’s cost if they take any Domestic Sick Leave
  • You can request a medical certificate at the employee’s cost for any sick leave (even a day) if they have no remaining paid sick leave balance

Sick Leave while on Annual Leave

  • If an employee falls sick before or during scheduled annual holidays, the employee can take the portion of annual holidays they’re sick for, as sick leave. You can request a medical certificate before transferring the leave from Annual to Sick.

Managing sick leave well can make a significant difference, not just to your total efficiency but also your employee engagement and retention.

Positive People have 24 years experience helping organisations to get the best from their teams. If you need support with winter wellness or managing sick leave call us now.