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Everyone is entitled to paid rest breaks but they can be confusing and difficult to calculate manually for contract work.

Last updated in accordance with the 6th May changes to rest and meal break entitlements as set by MBIE > Related government documentation

Overview

"Employees are entitled to paid rest and unpaid meal breaks that:

  • give them a reasonable chance during work periods to rest, refresh and take care of personal matters
  • are appropriate for the length of their working day with the employer.

Rest breaks benefit workplaces by helping employees work safely and productively. Employers must pay for minimum rest breaks but don’t have to pay for minimum meal breaks."

Reference: https://www.employment.govt.nz/hours-and-wages/breaks/rest-and-meal-breaks/

Why do we need to pay contract Paid Rest Breaks separately?

  • Work periods on hourly rate include paid rest break/s 
  • Work periods on contract rate exclude paid rest break/s and require an additional payment. This payment allows the employee to take a break without losing money from downing tools

Who qualifies for seperate Paid Rest Breaks? 

  • If the employee is earning above the minimum hourly wage on contract, they require an additional payment to cover paid rest breaks
  • If the employee is earning below the minimum hourly wage on contract, they require an additional payment to top up their hourly rate to the minimum and do not qualify for seperate paid rest breaks as the minimum hourly rate includes these

How do we calculate Paid Rest Breaks?

1) Proportional

The following table is applied to all hours worked on contract rate;

Length of employee’s work period Minimum number of rest and/or meal breaks employees are to be provided
2.00 - 6.00 hours 1 x 10 minute paid rest break 
6.01 - 10.00 hours 2 x 10 minute paid rest break
10.01 – 14 hours 3 x 10 minute paid rest break
14.01 to 16 hours 4 x 10 minute paid rest break 

2) Percentage

A percentage is applied to the total contract earnings and effectively pays the employee 2.5 minutes per hour worked. 

Calculation
20 minutes / 60 minutes / 8 hours = 0.042 decimal minutes per hour




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