69ZD Employee’s entitlement to rest breaks and meal breaks

(1)

An employee is entitled to, and an employer must provide the employee with, rest breaks and meal breaks that—

(a)

provide the employee with a reasonable opportunity, during the employee’s work period, for rest, refreshment, and attention to personal matters; and

(b)

are appropriate for the duration of the employee’s work period.

(2)

The employee’s entitlement to rest breaks and meal breaks may be subject to restrictions, but only if the restrictions—

(a)

are—

(i)

reasonable and necessary, having regard to the nature of the employee’s work; or

(ii)

if subparagraph (i) does not apply, reasonable and agreed to by the employer and employee (whether in an employment agreement or otherwise); and

(b)

relate to 1 or more of the following:

(i)

the employee continuing to be aware of his or her work duties or, if required, continuing to perform some of his or her work duties, during the break:

(ii)

the circumstances when an employee’s break may be interrupted:

(iii)

the employee taking his or her break in the workplace or at a specified place within the workplace.

(3)

An employee’s entitlement to rest breaks under this section is to paid rest breaks.

Section 69ZD: replaced, on 6 March 2015, by section 50 of the Employment Relations Amendment Act 2014 (2014 No 61).