What are the minimum rest periods? What are the maximum hours I can be expected to work over an average working day? What are the maximum hours a nightworker can be expected to work in every 24 hours? Are there any special health protections for me as a nightworker? What should the free health assessment entitlement for nightworkers include? What are the restrictions on night working if I am pregnant?
What are the health risks of working nights when pregnant? What are the restrictions on Sunday working for retail and betting workers?
How does employment law distinguish between the employment of children and young persons? Are there any restrictions on hours of work for children? Are there any restrictions on hours of work for young workers? I have been made redundant and I have built up lots of unused flexi-time. Am I entitled to be paid for it? This can mean as many as four breaks on an 8-hour schedule and five breaks on a hour schedule including the shortened meal break. The short-break strategy offers several advantages over the traditional model — not just in terms of employee morale and productivity, but safety as well.
In one study examining the impact of breaks on the risk of workplace injuries, workers in an engineering plant were each given a minute break following two hours of continuous work.
For analytical purposes, the two hour work period was segmented into four, minute periods; the number of injuries within each of these periods was calculated, and the risk in each minute period was expressed relative to the first minute period immediately following the break. Any agreement made could relate to a specified period or may apply indefinitely — ensure this is clear in the agreement itself. If you make the agreement and then wish to end it, you must give written notice to your employer.
The maximum notice should not exceed three months. You are entitled to a minimum break of 20 minutes when your daily working time is more than six hours. This should:. The regulations are silent on whether a rest break is paid time but the RCN recommends that the break should be paid. If you are the only registered nurse - and therefore in charge - you must stay on the premises during your shift. You should be paid for this.
If you work in a care home, the registering authority will revoke the home's registration if there is no qualified person on the premises. As a nurse, you are bound by your NMC Code and owe a duty of care to your patients to ensure their safety and manage risk. You are professionally accountable for your acts and omissions and you must be able to justify your decisions. If current working patterns mean you cannot take your breaks for example, where you are the only nurse , these working arrangements need to be reviewed.
If you are in this position, contact us for further advice. You are entitled to a rest period of at least 11 consecutive hours in each 24 hour working period. This time may be taken over two calendar days. However, the regulations generally require that there should be a break of 11 consecutive hours between each 12 hour shift.
We believe that no shift should be longer than 12 hours, and that a 12 hour shift may not be appropriate for all nurses. You are entitled to an uninterrupted rest period of at least 24 hours in each seven day reference period. This is in addition to an 11 hours daily rest period.
Your employer can average the weekly reference period over 14 days. In a 14 day period, your employer should provide either two uninterrupted rest periods of not less than 24 hours or one uninterrupted rest period of not less than 48 hours. Where this is not possible, equivalent compensatory rest or appropriate protection must be given to you.
On average, all workers should receive 90 hours rest per week. This does not include breaks during working time which are additional. The regulations state that compensatory rest must be given when the relevant rest requirements cannot be met.
Compensatory rest will most likely be necessary when you are either:. In each situation the rest provided should make up for the rest you missed. This should be taken as soon as possible. The arrangements for taking compensatory rest will need to be determined locally in the light of individual circumstances.
The regulations recognise that services such as the NHS and social care will have instances where a continuous emergency service must be maintained. Counted as worktime if employee is required to remain on duty on premises or at a prescribed worksite. Excludes newspaper vendor or carrier, domestic or casual labor around private residence, sheltered workshop, and agricultural labor.
Rules for construction trade employees may be superseded by a collective bargaining agreement covering such employees if the terms of the agreement specifically require meal periods and prescribe requirements concerning them.
Applicable to every employer. Not considered time worked unless nature of work prevents relief from duty. Excludes agriculture where fewer than 10 are employed, domestic employment, and fishing industry, among others.
An employer may not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period, except that if the total hours worked is no more than 12 hours, the second meal period may be waived if the first meal period was not waived. Excludes, among others, administrators, executives, professionals, travel agents, labor union officials or organizers, certain drivers, domestic service employees, public sector employment, and certain employees covered by collective bargaining agreements.
In Washington State, although agricultural labor is excluded from the listed requirement of general application, a separate regulation requires a minute meal period after 5 hours in agriculture and an additional 30 minutes for employees working 11 or more hours in a day.
In addition to the listed States with mandatory Standards, other provisions appear in two States: New Mexico. Of the 21 States or other jurisdictions with meal period requirements, 7 States also have rest periods requirements California, Colorado, Kentucky, Minnesota, Nevada, Oregon, and Washington.
Department of Labor. The Wage and Hour Division tries to ensure that the information on this page is accurate but individuals should consult the relevant state labor office for official information.
January 1, Historical Tables Select a State:. Excludes employees whose meal periods are established by collective bargaining. Applies to retail establishments. Excludes certain agricultural and seasonal employees. Applicable to employers of two or more employees. Excludes employees covered by collective bargaining agreement.
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