B.C. Break Times: Your Rights

Break Times in B.C. Workplaces

In British Columbia, the Employment Standards Act (ESA) sets out the province’s employment rights. Most employees (there are some exemptions) can take one 30-minute break for a meal, in their first five hours of work.

This break does not have to be a paid break, though an employer may choose to pay the employee for the time. The time off doesn’t apply towards:

• Hours of work
• Vacation time
• Overtime pay

B.C. Breaks Based on Shift Lengths

In British Columbia, breaks for provincially regulated employees are based on the length of their shifts:

• 4-hour shift: Employees are not entitled to a break, but they must be allowed to use the bathroom.
• 5-hour shift: Employees are entitled to one 30-minute break, which can’t be split into smaller breaks unless agreed upon by both the employer and employee.
• 8-hour shift: Employees are entitled to one 30-minute break. The employer is not required to provide another break until after another five hours.
• 12-hour shift: Employees are entitled to two 30-minute breaks, one after every five hours of work.

What Should I Do If My Employer Doesn’t Give Me a 30-minute Break?

If your employer doesn’t give you a 30-minute break after 5 hours of work, you can file a complaint with B.C.’s Employment Standards Branch. The Ministry will investigate and work to resolve the issue.

Are Employers Allowed to Schedule Break Times in B.C.?

Yes, employers have the right to schedule when their employees take their breaks. This allows for the employer to ensure that their business has adequate coverage to meet its needs during the course of an employee’s shift. This is why employers often require their employees to stagger their breaks so that they don’t overlap with others, leaving the business without staff.

If you have a preferred time you like take your break, you are within your right to ask your employer to give that to you. However, unless you have medical accommodation as to why you need a specific break time (i.e. to take medication), your employer does not have to accommodate the request.

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 During My Break?

No. In B.C., your employer does not have to pay you for your break time, unless your employment contract says that they must. Breaks are not considered as part of the hours worked for the day.

Can My Employer Force Me to Work During My Break?

No. In B.C., your employer can’t force you to work during your break. According to the ESA, whether your are paid for the break or not, your employer can’t make you work while you take that break.

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• Layoffs in Canada
• Severance pay in B.C.

Exemptions in Alberta

There are a number of workers in B.C. who are not entitled to a 30-minute break under the ESA, including:

• Corporate directors and managers
• Architects
• Engineers
• Doctors
• Dentists
• Accountants
• Lawyers

Other Types of Breaks

Samfiru Tumarkin LLP has created additional resources to address other types of breaks that are common in B.C. workplaces:

• Bathroom breaks in B.C.
• Coffee breaks in B.C.
• Smoking breaks in B.C.
• Meal breaks in B.C.

Lost Your Job? Human Rights Violated?

If you are let go (with or without cause) or you believe that your human rights have been violated, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our employment lawyers in B.C. can review your situation and ensure that your workplace and human rights are properly enforced – and get you the severance pay you are owed. Call us at 1-855-821-5900 or contact us online.