Taking breaks during a work shift is essential for staying focused, productive, and maintaining overall well-being. In Canada and Alberta, there are laws and guidelines that ensure employees have the opportunity to recharge during their workday.

Both federally regulated and provincial employees are entitled to one 30-minute break during 8 hours of work. In Alberta, employees can split this into two 15-minute breaks if agreed upon between the employee and employer. However, there are some conditions to keep in mind.

Knowing how many breaks you’re entitled to and when you can take them helps you balance work demands with the rest you need.

    

How Many Breaks Do You Get In an 8-Hour Shift Canada?

In Canada, the rules for breaks during an 8-hour shift vary depending on whether the workplace falls under federal or provincial regulations. Federally regulated employees, governed by the Canada Labour Code, are entitled to one unpaid 30-minute break for every shift that is five consecutive daily hours or longer.

In Alberta, the Employment Standards Code requires employers to provide at least one 30-minute break for shifts longer than five consecutive work hours. This break can be unpaid or paid, depending on the employer’s policies, and may be divided into two 15-minute breaks if both the employer and employee agree.

In summary, the guidelines are as follows for provincially regulated jobs:

• No break is required for shifts of 5 hours or less.
• One 30-minute unpaid break is required after the first 5 hours of work for shifts between 5 and 10 hours.
• Two 30-minute breaks are required for shifts of 10 hours or longer.
    

These breaks are designed to allow employees time for a meal or rest. Coffee or rest breaks beyond this requirement are not mandatory under Alberta law. However, many workplaces offer additional or longer breaks as a matter of policy or collective agreements.

Federally regulated employees are those who perform work only in industries that fall under the jurisdiction of the federal government, as outlined in the Canada Labour Code, which applies uniformly across provinces. These industries typically include telecommunications, banking, interprovincial and international transportation, and federal Crown corporations.

Provincially regulated jobs, on the other hand, are governed by labor laws specific to Alberta. These rules can differ in areas like overtime pay, vacation entitlements, and termination rules.

Alberta’s Employment Standards Code governs jobs across a wide range of industries. For example, retail workers in grocery stores or clothing shops, hospitality staff in hotels and restaurants, construction laborers and tradespeople, nurses and support staff in healthcare facilities, and teachers and administrative personnel all fall under provincial regulations.

While casual workers may not have a set schedule or guaranteed hours, their entitlement to breaks remains consistent with that of regular employees. Employers must ensure that casual workers receive enough meal breaks and adequate rest periods to maintain their well-being and productivity during their shifts.

These regulations aim to balance the needs of employees for rest and recovery with the operational requirements of employers. For workplaces where no formal policies or break laws exist, it’s always advisable for employees and employers to communicate expectations clearly regarding break times.

Are Breaks Paid?

In Canada and Alberta, whether breaks are paid depends on the specific circumstances. For federally regulated jobs, breaks are generally unpaid unless the employee is required to stay at their job site or workstation or perform duties during the break. In this case, the break must be paid. The same goes for jobs under the provincial guidelines. Breaks are typically unpaid unless the employer chooses to pay for them or requires the employee to remain on duty or at their workstation during the break.

The term “workstation” refers to the location where an employee performs their work duties, such as a desk, a machine, or any designated area in the workplace. If an employee is required to remain at their workstation during their break, it means they are not fully relieved of their work responsibilities. For example, they may need to monitor equipment, answer calls, or be available to respond to emergencies.

In such cases, the break must be paid because the employee is still under the employer’s control and is not entirely free to use the break time for personal activities. However, if the employee is allowed to leave their workstation, is not required to perform any duties, and is free to use the break time as they choose, the employer can provide the break as unpaid under Canadian labor standards. This distinction ensures that employees are compensated if they cannot fully disengage from work during their break period.

Maximum Work Hours and Rest Days

In Canada, federally regulated employees are subject to specific rules regarding maximum work hours and rest days to ensure their well-being and productivity. Employees can work up to a maximum of 8 hours per day or 40 hours per week. Any time worked beyond these limits must be compensated with overtime pay. However, the maximum someone can work, including overtime, is typically capped at 48 hours per week unless there is an agreement between the employer and employee, which may allow for more hours under certain conditions.

To ensure adequate rest, employees are entitled to one full day (24 hours) of rest per week or 48 consecutive hours every two weeks. These regulations are designed to balance work demands with necessary rest periods, promoting a healthy work-life balance.

In Alberta, the provincial regulations for maximum work hours and rest days differ slightly from the federal rules. Employees can work up to 12 hours of work per day unless an exception applies. However, they must not exceed 44 hours per week before overtime is required.

Alberta’s rules also mandate that employees receive at least one full day of rest per work week. In certain cases, employers may provide four consecutive days of rest within a 4-week period. These guidelines aim to ensure that most employees have sufficient time to rest and recover, maintaining their overall health and productivity.

Can My Employer Schedule My Break Time?

Yes, in Alberta, employers have the right to schedule break times for their employees. According to the Employment Standards Code, employers have the flexibility to stagger break times to ensure adequate coverage and maintain operational efficiency, as long as they provide at least one 30-minute break for every five consecutive hours of work. This means that not all employees may take breaks simultaneously, especially in workplaces where continuous service is required.

If you have questions or concerns about your break entitlements during an 8-hour shift, it’s crucial to understand your rights under federal and provincial employment law. Our experienced employment lawyers will provide personalized guidance and ensure you’re receiving the breaks you’re entitled to or help you write additional rest periods or breaks into your employment contracts. Get in touch today to get started.