Meal and Rest Breaks
This policy applies only to weekly-paid staff members on hourly compensation plans (i.e., in non-exempt positions).
Meal Breaks
Weekly and hourly-paid staff members (i.e., non-exempt staff members) scheduled to work more than five hours in a workday are provided with a 30-minute unpaid, duty-free meal break beginning no later than the end of the staff member’s fifth hour of work. Supervisors will schedule meal periods to accommodate operating requirements. Staff members must record when they begin and end each of their meal breaks. In the event that a staff member will not work more than six hours on a particular workday, the staff member may voluntarily waive their meal break.
A second meal break will be provided after 10 hours of work. A staff member who works more than ten (10) hours in a workday is entitled to a second 30-minute unpaid, duty-free meal break beginning no later than the end of the staff member’s tenth hour of work. The staff member may voluntarily waive the second meal break only if the first meal break was actually taken and the staff member works no more than 12 hours on the workday in question.
Staff members are relieved of all of their duties during a meal period and are allowed to leave the premises.
- If a staff member is provided a 30-minute meal break and the staff member performs any work during the meal break, then the staff member will be paid for the entire 30 minutes, in addition to receiving a premium, as described below.
- If a staff member’s meal break is more than 30 minutes, and he/she performs some work during the meal break, but is able to enjoy 30 consecutive minutes of non-work time, then the staff member will not be paid for the 30 or more consecutive minutes of non-work time, but will be paid for the remainder of the time.
Consistent with the Time Reporting policy, staff members who take a meal or other break that is at least 30 consecutive, uninterrupted minutes must record the break in Workday by entering the time they stopped working to begin the break, as well as the time they began work again following the meal break. Staff members should not record in Workday any meal or other breaks that are less than 30 consecutive minutes in length. Rather, any break that is less than 30 consecutive minutes should be treated as working time and should not be recorded.
A staff member may not work during his/her meal breaks unless the work is authorized in advance by the staff member’s supervisor. In such cases, the staff member will be paid for such work time; it is the responsibility of the staff member to ensure that this work time is entered into Workday (Time Tracking). If a staff member works during an unpaid meal break without prior authorization, the staff member will be paid for this work time but may be subject to discipline.
To voluntarily waive a meal period, weekly and hourly paid staff members (e.g. non-exempt staff members) must complete a Meal Break Waiver.
If a staff member is not provided a meal break in accordance with this policy, he or she should contact Human Resources immediately. Staff members must record all time worked.
REST BREAKS
Weekly and hourly paid staff members (i.e., non-exempt staff members) are authorized to take rest breaks in accordance with this policy. The authorized rest breaks are permitted to be taken at the rate of ten (10) minutes rest time per four (4) hours of work or major fraction thereof. Whenever practicable, rest breaks should be taken in the middle of each four-hour work period. However, a rest break shall not be authorized for staff members whose total work time is less than three and one-half (3½) hours in a workday.
Accordingly, staff members shall receive:
- 10 minutes of rest time for a workday that is at least three and one-half hours and up to six hours
- 20 minutes (split into two 10-minute rest breaks) for a workday that is more than six hours and up to 10 hours
- 30 minutes for a workday that is more than 10 hours and up to 14 hours (split into three 10-minute rest breaks), and so on.
The University will make a good faith effort to furnish rest breaks in the middle of the work period, but it must retain flexibility with regard to timing where required by practical constraints based on operational needs.
Rest breaks are treated and paid as time worked. However, staff members are relieved of all of their duties during rest periods and are allowed to leave the premises. Staff members must not be absent from their workstations beyond the allotted rest break time. Staff members should not record rest breaks on their timesheets.
Staff members may not accumulate rest breaks or use rest breaks as a basis for starting work late, leaving work early, or extending a meal period.
PREMIUMS
Weekly and hourly paid staff members who are not provided with a meal period or authorized and permitted to take a rest break pursuant to the terms of this policy addendum are immediately entitled to a meal or rest break premium. Supervisors will be responsible for authorizing meal or rest break premiums. Any supervisor who knows or should reasonably know that a meal or rest period was not provided in accordance with this policy should arrange for a premium to be issued to the employee.
Staff members are responsible for reporting to their supervisor any meal break that was not provided or any rest break not authorized and permitted where the supervisor would have no reason to otherwise know of this fact. Staff members who feel they are entitled to a premium as a result of this policy but have not received the premium should report the missing premium immediately to Human Resources.
Supervisors are to inform staff members of whether breaks will be provided, the length of any breaks, and when breaks should be taken. If rest breaks are provided, staff members will be paid for these breaks, and should include them as time worked when entering time into Workday (see Work Schedules – Policy 601).
University staff members covered by collective bargaining agreements should refer to the appropriate articles in their contracts.