Keith Mack
Employees and workers have the right to take breaks at work. In the UK, workers are entitled to three types of break: rest breaks at work, daily rest and weekly rest. In the US, federal law does not require lunch or coffee breaks, but when employers do offer short breaks, they are considered as compensable work hours.
| Characteristics | Values |
|---|---|
| Rest breaks at work | Workers over 18 are usually entitled to 20-minute rest breaks during their working day if they work more than 6 hours a day. |
| Daily rest | Workers have the right to 11 hours of rest between working days. |
| Weekly rest | Workers have the right to 24 hours of rest every 7 working days or 48 hours every 14 working days. |
| Extra breaks | Any rules on extra breaks should be written in the employment contract. |
| Short breaks | Federal law considers short breaks (5-20 minutes) as compensable work hours that are included in the sum of hours worked during the workweek. |
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What You'll Learn
Rest breaks at work
Employees and workers have the right to rest breaks during the working day. By law, workers are entitled to a 20-minute rest break if they are expected to work more than 6 hours during the day. This break should be uninterrupted and can be taken at any point during the working day. Workers are also entitled to 11 hours' rest between finishing work and starting work the next day, and 24 hours of rest every 7 working days or 48 hours every 14 working days.
In the UK, workers over 18 are usually entitled to three types of break: rest breaks at work, daily rest, and weekly rest. The right to rest is important not only to follow the law but also to protect the organisation and its staff and customers.
In the US, federal law does not require lunch or coffee breaks. However, when employers offer short breaks, federal law considers these as compensable work hours that are included in the sum of hours worked during the workweek. This is important for determining if overtime was worked.
Any rules on extra breaks should be outlined in the employment contract. In rare circumstances, an employee might have to take their break in a different way, such as if an accident or emergency occurs at work. In this case, the right to rest stays the same, but the break may be taken later in the day.
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Daily rest
Workers over 18 are entitled to three types of break: rest breaks at work, daily rest, and weekly rest.
The right to daily rest is protected by The Working Time Regulations 1998, which states that workers have the right to 11 hours of rest between finishing work and starting their next shift. This regulation applies regardless of where the work is performed, be it in a traditional workplace or at home.
It's important to note that the employment contract may outline additional or different rights to breaks from work. For example, some contracts may specify that rest breaks are paid, while others may not include this provision.
In rare circumstances, unexpected events at work, such as accidents or emergencies, may impact how a worker takes their daily rest break. In such cases, the right to rest remains unchanged, but the break may need to be taken at a different time or in a different manner.
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Weekly rest
Employees and workers have the right to a weekly rest period of 24 hours every 7 working days or 48 hours every 14 working days. This is in addition to their daily rest period of 11 hours between finishing work and starting work the next day.
The right to weekly rest is enshrined in The Working Time Regulations 1998, which also guarantees a 20-minute rest break during the working day for those working more than 6 hours. This break can be taken later in the day if something unexpected happens at work, such as an accident or emergency.
The right to rest is important not only to follow the law but also to protect the organisation, its staff, and its customers. It is applicable wherever the employee or worker is working, be it in a workplace or at home.
The employment contract may offer more or different rights to breaks from work, and any rules on extra breaks should be written in the contract.
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Short breaks
Employees and workers have the right to a 20-minute rest break if they're expected to work more than 6 hours during the day. This break doesn't have to be paid, but federal law considers short breaks as compensable work hours that would be included in the sum of hours worked during the workweek and considered in determining if overtime was worked. If you work for more than 4 hours and 30 minutes in a day, you’re entitled to a rest break of at least 30 minutes. This should be one continuous break if possible and must be allowed to be taken during the day rather than at the beginning or end.
Any rules on extra breaks should be written in the employment contract. In rare circumstances, someone might have to take their break in a different way, for example, if something unexpected happens at work that's outside of the employer's control, such as an accident or emergency. In this situation, the right to rest stays the same, so they should still find a way to rest but this could be in a different way. For example, they could still have their 20-minute break but take it later in the day.
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Overtime
For rest breaks during the working day, workers are entitled to a 20-minute break if they are expected to work more than 6 hours during the day. This break should be uninterrupted and can be taken at any time during the worker's shift. The break does not have to be paid, and this will depend on the worker's employment contract.
Daily rest between working days is also important. Workers are entitled to 11 hours of rest between finishing work and starting work again the next day. For example, if a worker finishes their shift at 8 pm, they should not start work again until 7 am the following day.
Weekly rest is also guaranteed, with workers entitled to 24 hours of rest every 7 working days or 48 hours every 14 working days.
In rare circumstances, an employer may need to alter the timing of breaks. This could be due to an unexpected event or emergency outside of the employer's control, such as an accident. In these situations, the right to rest remains the same, but the timing or format of the break may need to be adjusted.
It is important to note that any rules regarding extra breaks should be outlined in the employment contract. Additionally, federal law considers short breaks (5-20 minutes) as compensable work hours when determining if overtime has been worked.
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Frequently asked questions
By law, employees and workers have the right to a 20-minute rest break during the working day if they're expected to work more than 6 hours. They are also entitled to 11 hours' rest between working days and 24 hours every 7 working days or 48 hours every 14 working days.
This depends on your employment contract.
If you work for more than 4 hours and 30 minutes in a day, you’re entitled to a rest break of at least 30 minutes.
Any rules on extra breaks should be written in your employment contract.
Federal law considers breaks as compensable work hours that would be included in the sum of hours worked during the workweek and considered in determining if overtime was worked.
