As a business owner, it’s crucial to stay up to date with the full range of your employees’ rights, including work break entitlements.
From sick pay to public-holiday entitlements, and hiring practices to disciplinary procedures, there’s a lot to consider when running a business. While this may feel overwhelming at times, staying compliant is possible as long as you maintain accurate records, keep up with any employment law changes, and implement robust HR systems into your business practices.
Break times are vital for your employees, not only because they are a legal right, but also because they help to maintain a healthy workplace and to reduce workplace stress. Read on to learn more about your legal obligations when it comes to breaks at work.
What is the legislation surrounding break times at work?
Employee entitlements to breaks at work, as well as rest periods between working days and shifts, are set out in the Organisation of Working Time Act 1997 (OWTA).
The Act sets out the work breaks that your employees are entitled to, according to their age and circumstances.
As an employer, what are my obligations regarding work break entitlements?
As an employer, you have an obligation to provide your employees with appropriate rest periods on a daily and weekly basis. Breaks are an important part of your employees’ working day, especially during busy periods, and it is your responsibility to ensure that they get those breaks.
You are obliged to ensure that your employees get a 15-minute break for every four and a half hours worked, and a 30-minute break when they have worked more than six hours. This 30-minute break can include the first 15-minute break if the employer wishes.
Additionally, there is no legal requirement to pay your employees for their work break entitlements. You can choose to pay them, but you should specify this in your employees’ contracts.
Are there any exceptions to the rule when it comes to work break entitlements?
Yes, in some situations there are different rules in place when it comes to work break entitlements. Employees in certain sectors or situations, such as Gardaí, transport workers and fishermen, have unique work-break entitlements specific to their sector. Below, we will highlight two specific examples; break entitlements for shop workers and breastfeeding employees:
Rules for shop workers
There are slightly different rules in place when it comes to those who work in shops. If a shop worker works for at least 6 hours in one shift, they are entitled to a one-hour consecutive break during that shift. This break is to be taken between 11.30am and 14.30pm.
Rules for breastfeeding workers
If you have employees in your business who are breastfeeding, they are entitled to longer breaks than other employees. As with standard break-time regulations, it’s crucial that you are aware of what these entitlements are, and how to stay compliant with current legislation.
Breastfeeding employees are entitled to either 60 minutes of break time, taken all at once or in installments throughout the day, or to a 60-minute reduction in work hours for an 8-hour day.
Employees who are breastfeeding are only entitled to these paid breaks for the first two years of their baby’s life.
Are smokers legally entitled to smoke breaks?
Employees do not have a legal right to take smoking breaks throughout the working day. If employees wish to smoke, they should use their break entitlements to do so.
Are there any specific work-break entitlements for remote workers?
There are no special work break entitlements for remote workers, but employers should remember that the standard entitlements apply to all workers, whether they work on site or at home. As an employer, you are still obligated to ensure that your staff take their breaks and that they know what breaks they are entitled to.
What can happen if my staff don’t get sufficient breaks at work?
Failure to ensure that your employees take sufficient breaks can lead to a range of negative consequences for you and your business.
Firstly, insufficient break times could lead to a decline in productivity, workplace culture and employee mental health. A happy and healthy workforce is likely to be a more effective workforce, and taking care of your staff is crucial for running a productive business.
Additionally, if your employees do not get adequate breaks at work, you could face legal issues up to and including prosecution. Ensuring that your employees receive fair and sufficient breaks will help to protect you from litigation, fines, and reputational damage.
Do you need help or advice on work break entitlements?
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