On 1 April 2009 the types of breaks employees are entitled to take will be clarified by an amendment to the Employment Relations Act.

Employers will need to know what breaks employees are entitled to:

1. You can agree with your employee when breaks are to be taken; in the event there is no agreement then the breaks should be taken at the times outlined below so far as is reasonable and practicable.
2. If your employee works between 2 and 4 hours a day (but not more than 4 hours) they are entitled to one 10 minute rest break. This break should be in the middle of their work day. An employee who works for exactly 2 hours takes their 10 minute paid break at 1 hour.
3. If an employee works between 4 to 6 hours (but not more than 6 hours) they are entitled to one 10 minute rest break and one 30 minute meal break. The rest break should be 1/3 of the way through their working day and the meal break should be 2/3 of the way through their day.
4. If an employee works more than 6 hours (but not more than 8 hours) they are entitled to two 10 minute rest breaks and one 30 minute meal break. The meal break should be in the middle of their working day, the first rest break should be half way between the start of their day and their meal break and the second rest break should be half way between their meal break and the end of their working day.
5. If an employee works more than 8 hours, they are entitled to two 10 minute rest breaks, and a 30 minute meal break. After 8 hours of work the employee is entitled to further breaks. These are calculated as if the time starts again after 8 hours and are calculated as per paragraphs 2, 3 and 4 above as appropriate. The timing of the breaks should follow the same timing as in paragraph 4 above, with the additional breaks after 8 hours has been worked.
6. If an employer does not provide the rest and meal breaks they risk being penalised by the Employment Relations Authority
7. The above requirements do not prevent an employer from providing additional or longer rest and meal breaks if it is agreed with the employees.
8. If a written employment agreement does not allow for the above breaks, that part of the written agreement has no effect as an employee is legally entitled to the above breaks.
9. If an employee is required or entitled to have other rest or meal breaks under a different Rule or Act, those breaks are to be in addition to the breaks set out above.
10. The above rest breaks (but not meal breaks) are included in the employees pay.