She asks her employer if she could take her 30-minute break at the start of her work day. Example 2Ī bank employee, has difficulty getting to work on time in the morning. However, for obvious reasons, the employer may request that he remain in the truck while taking his break.
#Lunch break clock driver#
Example 1Īn armoured truck driver transporting securities would be entitled to his 30-minute break in his first 5 consecutive hours of work. However, if the employer requires the employee to remain available during the break, for example if the employer asks the employee to remain at the work place during the break to answer the phone, then the employee must be paid for the break. Consequently, the 30-minute break is not paid.
Given that the employee is not under the control of his employer during his 30-minute break, that break is not considered work time. If the exception is determined not to be applicable, the employer may not request that the employee work during his 30-minute break.
To ensure that the exception is applicable, the employer must conduct the test in IPG 091 to 094. That exception only applies when the employee is required to work to deal with a situation that the employer could not have reasonably foreseen and that presents or could reasonably be expected to present an imminent or serious threat under paragraphs 169.1(2)(a), (b) or (c).
#Lunch break clock code#
However, the Code provides for an exception that enables the employer to postpone an employee's break. Generally, the 30-minute break cannot be postponed or cancelled, even if the employee specifically requests it. Thus, the break cannot be split (for example into two 15-minute breaks).Įvery employee is entitled to 30-minute breaks, except those who are excluded from the Code's hours of work provisions, namely employees who are directors or heads, or exercise management functions, or architects, dentists, engineers, lawyers and medical doctors. Essentially, the break must be taken before the 5 hours are up (4.5 hours of work and 30-minute break). The Code provides at least one break every 5 consecutive hours of work, of a minimum duration of 30 minutes. " Consecutive hours" refers to hours that follow one another without interruption. " Break" means a short period of time during the work period when an employee is released from his obligations to the employer (or is not under the control of the employer) and may freely attend to personal matters in or near his work place.
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