B.C. Break Times: Your Rights
Break Times in B.C. Workplaces
In British Columbia, the Employment Standards Act (ESA) sets out employees’ rights regarding breaks. Most employees (with some exemptions) are entitled to a 30-minute unpaid meal break after working five consecutive hours.
Here are the key points you need to know:
- Employers are not required to pay for this break, but they can choose to do so.
- The break cannot be used to count towards:
- Hours of work
- Vacation time
- Overtime pay
B.C. Breaks Based on Shift Lengths
Break entitlements in B.C. depend on how long your shift is. Here’s what you need to know:
- 4-hour shift: No meal break is required, but employees must be allowed bathroom access.
- 5-hour shift: Employees are entitled to a 30-minute unpaid break, which cannot be split into smaller breaks unless agreed upon by both parties.
- 8-hour shift: Employees are entitled to one 30-minute unpaid break. A second break is not required unless another five consecutive hours are worked.
- 12-hour shift: Employees are entitled to two 30-minute unpaid breaks, typically one for every five hours worked.
Break Entitlement Table
Shift Length | Breaks | Details |
---|---|---|
Under 5 hours | None | Employees must be allowed to use the bathroom. |
5 hours | 1 x 30 minutes | Break can be split into smaller breaks if agreed upon by both employer and employee. |
8 hours | 1 x 30 minutes | A second break is required after another five hours. |
12 hours | 2 x 30 minutes | One break after every five hours. |
What Should I Do If I Don’t Get My Break?
If your employer does not give you a 30-minute break after five consecutive hours, you can file a complaint with B.C.’s Employment Standards Branch. They will investigate and work to resolve the issue.
Can Employers Decide When Breaks Are Taken?
Yes, employers have the right to schedule break times. This ensures that business operations continue smoothly during employees’ shifts. Many employers stagger break times to ensure there is always staff coverage.
If you prefer to take your break at a specific time, you can ask your employer. However, unless you have a medical reason (e.g., to take medication), they are not obligated to accommodate your request. For more on this, see our guide to workplace accommodations.
WATCH: Employment lawyer Lior Samfiru discusses everything employees need to know about the duty to accommodate on an episode of the Employment Law Show.
Does My Employer Have to Pay Me For My Break?
No, your employer does not have to pay you for your break time unless your employment contract specifically says they will. Breaks are considered unpaid time and do not count toward hours worked.
Can My Employer Force Me to Work During My Break?
No, employers in B.C. can’t make you work during your break, even if they are paying you for it. Under the ESA, breaks must allow employees uninterrupted time to rest.
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Who Is Exempt from Break Requirements?
Certain workers are exempt from the 30-minute break rule under B.C.’s Employment Standards Act (ESA). This is because their roles often have more flexible or self-directed schedules, or their employment is governed by professional standards or individual contracts. Exempt workers include:
- Corporate directors and managers
- Architects
- Engineers
- Doctors
- Dentists
- Accountants
- Lawyers
Other Types of Breaks in B.C.
Samfiru Tumarkin LLP has created additional resources to address other types of breaks that are common in B.C. workplaces:
Lost Your Job? Human Rights Violated?
If you’ve been let go (with cause or without cause) or your human rights have been violated, our B.C. employment lawyers can help.
We’ll review your situation, enforce your workplace rights, and help you secure the severance pay you are owed. Contact us online or call 1-855-821-5900 for expert advice today.