Meal breaks in British Columbia: Rights for employees

Does my employer have to provide me with meal breaks?

The short answer is yes. British Columbia’s Employment Standards Act (ESA) requires employers to provide non-unionized workers with one 30-minute break if their shift is at least five hours long.

When your shift is longer than 10 hours, the company has to provide you with an additional 30-minute break as well as any overtime pay.

SEE ALSO
• B.C. Break Times: Your Rights
• Bathroom breaks in B.C.
• Coffee breaks in B.C.
• Smoking breaks in B.C.

What types of employees in B.C. are not entitled to a 30-minute break?

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

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

Are meal breaks in B.C. paid?

The ESA doesn’t require employers to pay workers during the 30-minute break, whether or not it’s used for eating.

However, you must be paid during the break if:

• Your employment contract provides for paid breaks
• You are required to remain available for work during the break
• You are required to work during the 30-minute break

Can my employer choose when I take meal breaks?

As long as you are not working more than five hours without a break, the timing of the required break is in the hands of your employer.

However, if there is a specific time during your shift when you would like to take a break and eat, speak with the company.

• Example #1: You work from 7:30 a.m. to 3:30 p.m. Your company has designated 11:30 a.m. as the time when staff can take their 30-minute break. You would prefer to eat at 1:30 p.m. instead. After speaking to your employer, they agree to let you eat two hours later.
• Example #2: You work from 10 a.m. to 6 p.m. Your company has designated noon as the time when staff can take their 30-minute break. Instead of only being able to eat once during your shift, you would rather have a 15-minute break in morning and another in the afternoon. After speaking to your employer, they agree to allow you to take a 15-minute break at 11:30 a.m. and another at 4:30 p.m.

I need more meal breaks because of my medical condition, what should I do?

If non-unionized employees in B.C. have a medical condition or health issue that requires longer or more frequent meal breaks, they should provide their employer with a note from their doctor.

Once this information has been provided, your company is legally obligated to accommodate your medical requirements.

LEARN MORE
• Sick notes in British Columbia: Rights for employees
• Disability in the workplace

WATCH: Employment lawyer Lior Samfiru discusses everything employees need to know about the duty to accommodate on an episode of the Employment Law Show.

Can my employer make changes to my job for taking meal breaks?

In B.C., non-unionized employees don’t have to accept major changes to their job. Large modifications such as a demotion, cut in pay, reduction in hours, or negative change to commission are illegal.

When the terms of your employment are significantly changed, the law allows you to resign from your job and seek full severance pay through a constructive dismissal claim.

READ MORE
• Can your employer make changes to your job in Ontario?
• Changes to your employment in B.C.
• What happens when your job is changed in Alberta
• Do I get severance if I quit?

Can my employer fire me for taking meal breaks?

Your employer can fire you for taking meal breaks. This is called a termination without cause.

In B.C., companies can let employees go for any reason, as long as:

• They are provided full severance pay
• The reasons for their dismissal are not discriminatory

What your employer can’t do in this situation is fire you for just cause, which would mean no severance package or access to Employment Insurance (EI) benefits.

To justify this, the company would have to prove:

• Progressive disciplinary measures were applied
• A less severe punishment would be insufficient

This type of termination is reserved for the worst kinds of workplace offences, such as theft or insubordination.

LEARN MORE
• How to calculate severance pay
• Severance for provincially regulated employees

Fired for taking a meal break?

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 lawyers in B.C. can review your situation, work to secure proper compensation, and ensure that your workplace and human rights are properly enforced.