Don’t worry we won’t send you spam or share your email address with anyone. Can workers opt out of rest breaks? In certain exceptional circumstances an employee may be required to work more than the daily or weekly limits on hours of work, or during a required rest period. If I change my mind, I will give my employer [amount of time - up to 3 months’] notice in writing to end this agreement. Special cases There are some special cases. A few U.S. states want to make sure workers have at least 11 hours off between shifts. Source(s): I used to finish a shift on Monday at 10pm and start the next one at 6:00am on Tuesday. Signed…………………………………… For an adult worker, that minimum rest break is 20 minutes uninterrupted. It is important to note that the 11 hours consecutive rest can be varied, as long as compensatory rest is given. There are 8 full hours between these times. Exceptional Circumstances After all, its 12 hours rest (11 in your case) and not 11.5 or 11… For more information, see exceptional circumstances. Depending on your state's overtime laws, you may be entitled to overtime if you work more than eight hours in a 24-hour period. For example, a break of 6 hours between shifts can be compensated with a subsequent break of 16 hours between shifts. Breaks between working days. Example 3: Kelly’s second shift begins on Tuesday at 10 am and ends at 6 pm, The second “day” begins Tuesday at 10 am and ends 24 hours later on Wednesday at 10 am, (Note that the second “day” begins Tuesday at 10 am because the second shift began sometime after the first 24 hour “day” ended). When I rang Direct.gov helpline for clarification on this issue they said the 11 hours break is not averaged out and must not be less than regardless of other days/weeks shift pattern. Can a shorter period be agreed? You cannot opt out of the rest break regulations, but as others have said, some industries and situations are excluded from the 11 hours between shifts rules. (And its … (This requirement does not apply where an employee is on call and is called in to work during a period he or she would not otherwise have been expected to work.). 416-326-7160 (Greater Toronto Area)  Under the Employment Standards Act (ESA), a "day" means a 24-hour period; it does not have to be a calendar day. Example. Q.5 Can a collective agreement be reached on opting out of the 48 hour limit? You are legally entitled to a minimum of eight hours rest between finishing a shift and beginning the next. Moving to 8 hour shifts in stressful or safety critical security roles. We believe that no shift should be longer than 12 hours, and that a 12 hour shift may not be appropriate for all nurses. Controversially, the UK has an opt-out … To help us improve GOV.UK, we’d like to know more about your visit today. They interpret the law as being 11 hours between shifts. Young workers and child workers. Responding to a flexible working request. Not treating the minimum shift turn around time between shifts (11 hours in Ireland) as the standard but rather as an absolute minimum. If for any reason the shift should finish later than planned then they could not resume work until the full 12 hours had passed between shifts. You can opt out for a certain period or indefinitely. You simply need to enter the two times in any order and click on "Calculate". I currently work at an university as catering staff. However, the second “day” begins Tuesday at 8 am, and ends 24 hours later on Wednesday at 8 am (Note that the second “day” begins Tuesday at 8 am rather than 6 am because the second “day” cannot start before the end of the first “day”). no opt-out is possible • an eight-hour daily limit on night work involving hazards or physical or mental strains • free health checks for night workers • 5.6 weeks’ paid leave a year • one day off per week • 11 hours’ rest per day • a 20-minute break if working more than six hours a day. If the employee instead had Sundays and Wednesdays off, the employee would have two work cycles each week, one beginning on Monday and another beginning on Thursday.). She starts work on Monday at 8 am and ends 24 hours later on Tuesday at 8 am. 3. The Employment Standards Program uses the following interpretation of "day" for purposes of the 11 hour rule: Example: Kelly had Sunday off, and so she begins a new work cycle on Monday. Skip to content The number of hours you can work and the types of jobs you can do, will depend on your age. Employment Law - Only getting 7 hours rest in between shifts is this legal? Drivers’ hours weekly rest of 45 hours, which can be reduced to 24 hours, provided at least one full rest is taken in any fortnight. The 11 hour rule also has conditions allowing split shifts… The latter can also result from voluntary shift swaps to suit an individuals commitments outside of work My company has introduced a policy whereby one can no longer work shifts which infringe on the 11 hour minimum rest period. Typically shifts are either noon-9pm or a split shift of 7:30am-noon + 5:15pm-9pm. It’s often easier to work this out by the number of shifts you get off, averaged over a 17 week period – e.g. Your employer can ask you to opt out, but you can’t be sacked or treated unfairly for refusing to do so. If she has opted out of the WTD, then she can opt back in again, by writing to her employer and telling them, although it won't come into effect until four weeks after they receive the letter. This is called ‘opting out’. Monica works in a restaurant. Q.6 My employer requires staff who opt out to give three months notice if they want to opt back in. Roster planning to ensure rest days fall together where possible. It will take only 2 minutes to fill in. In general, workers are entitled to at least 11 hours rest per day, at least one day off each week, and a rest break during the shift if it is longer than six hours. Here it says we should be entitled to 11 hours between shifts and I mentioned to the assistant manager but apparently "making the rota is hard". Workers have the right to either: However, a worker may agree to opt out of this weekly working time limit and work more than an average of 48 hours a week as long as he or she does so voluntarily and in writing. You can cancel an opt-out even if it's part of a contract you've signed. 2. I [worker’s name] agree that I may work for more than an average of 48 hours a week. We use this information to make the website work as well as possible and improve government services. It must be voluntary and in writing. 1-800-531-5551 (toll free Canada-wide)  You must give your employer at least 7 days’ notice. The second “day” begins with the first moment of work that is performed after the first “day” ends. You’ve accepted all cookies. Many feel the only way to be exposed to sufficient training opportunities is to opt out and work more than 48 hours on average. The following examples address, respectively, shifts that begin: Example 1: Kelly’s second shift begins on Tuesday at 6 am and ends at 6 pm. Dated……………………………………. From many websites I've read, they indicate 11 hours rest break between shifts (including direct.gov and my employers working time regulations page). A continuous 11 hours rest in every 24-hour period; ... agreement and individuals have the right to opt out of the 48 hour limit (this is the only part of the regulations where an opt-out can apply) . You can only opt out of the 48 hour maximum working week (and it must not form part of your employment contract). ... insufficient gap between the end and start of shifts. How to respond to your employee's flexible working request, while following the law. As a result often you will have a shift finishing around 9pm one night and then start work at 7:30am the next morning, ie 10 and a half hours between shifts. What this means is that, where the full 11-hour break was not provided when it should have been, the element that was foregone should be given at the next available opportunity. The minimum rest period in a 24-hour period should not be less than 11 consecutive hours. However, the regulations generally require that there should be a break of 11 consecutive hours between each 12 hour shift. How many hours? That is, the beginning of a day cannot be any earlier than the end of the previous day. Example 2: Kelly’s second shift begins on Tuesday at 8 am and ends at 6 pm. There can be gaps of time in between the end of one "day" and the beginning of the next "day" where the employee started work sometime after the end of the preceding “day.”. Example of opt-out agreement. 11 hours rest in a row between each working day 1 rest day in each working week - this could be averaged out over 2 weeks, so you'd be entitled to 2 days off in a fortnight Your contract might say you’re entitled to more than this, for example you might get an hour for a lunch break. The result will be 8 hours 30 minutes (8:30 hours or 8.5 hours in decimal) or 510 minutes. In such cases, the limits on hours of work may be exceeded or the rest period reduced, but only to the extent that it is necessary to avoid serious interference with the ordinary working of the employer’s establishment or operations. For example, if the employee works five days a week, with Sundays and Saturdays off, the employee would have one work cycle each week, which would begin on Monday. ... young workers can’t work between 10.00 pm to 6.00 am but you can agree to change this to between 11.00 pm to 7.00 am. 4. There should be no more than six consecutive 24 hour periods between weekly rests. Ontario.ca You can change your cookie settings at any time. As well, "days" do not have to be consecutive. Weekly rest. Within each 24-hour “day” (as described above), an employee generally is entitled to be free from work for at least 11 consecutive hours. by Whitney Filloon @whitneyfilloon Feb 21, 2015, 3:08pm EST Any rest period over 9 hours but under 11 hours will be classed as a reduced daily rest period. We’ll send you a link to a feedback form. Workers are entitled to a weekly rest period of at least 24 consecutive hours in a seven day reference period. You may have to give more notice (up to 3 months) if you have a written opt-out agreement. 1. Example of opt-out agreement: I [worker’s name] agree that I may work for more than an average of 48 hours a week. Not 100%, but i dont beleive you can opt out of the 11 hour rule, the opt out is for the 48 hours per week. You can agree this notice period with your employer when you sign the opt-out. Rest between shifts is not required if: the total time worked during both shifts does not exceed 13 hours; or; the employer and employee agree electronically or in writing to reduce or forego the eight-hour rest period. The working day or shift spread between daily/weekly rest periods is made up of Making a flexible working request. As demonstrated by the examples above, "days" cannot overlap with other "days." If he has signed the european law form then he has chosen to opt out of the law, and this should of been very carefully expained to him. Don’t include personal or financial information like your National Insurance number or credit card details. 1-866-567-8893 (TTY for hearing impaired), Workplace Safety and Insurance Appeals Tribunal, © Queen's Printer for Ontario, 2009 - 2019, The first "day" for an employee starts at the beginning of his or her first shift in each “work cycle” and ends 24 hours later. of 48 hours a week (no opt out) 1 Maximum working time of 60 hours in one week (provided average not exceeded) ... Where a driver has a full daily rest of 11 hours, the maximum working day is 13 hours. Unlike adult workers you cannot opt out of these protections. No - this is a matter that can only be agreed between the individual worker and employer. Just wanted to check before I start putting my foot down. Workers have the right to 11 hours rest between working days, eg if they finish work at 8pm, they shouldn’t start work again until 7am the next day. To the OP, unless your daughter has opted out of the WTD, then she is entitled to a break of a minimum of eleven hours between shifts. You can choose to work more than 48 hours a week on average if you’re over 18. Rules on working hours and rest breaks for young workers aged 16 and 17. Many people working a job with regular hours want to find out … For example, if you work a 2 a.m.-10:30 a.m. shift, and you are scheduled to return at 11 p.m. that same evening, your hour between 11 p.m. and midnight might be counted as overtime. We use cookies to collect information about how you use GOV.UK. The Working Time Regulations 1998 (SI 1998/1833) specify minimum rest break and daily and weekly rest period entitlements for adult workers aged 18 and over, and for young workers under the age of 18 but above compulsory school age. (A new work cycle begins after every period of 24 hours or longer that is free from work. Français, Ministry of Labour, Training and Skills Development, Home About the Ministry Newsroom Videos and Photos Contact Us, An employee must have at least 11 consecutive hours free from performing work in each "day." You can’t opt-out of the 48 hour week if you’re: You can cancel your opt-out agreement whenever you want - even if it’s part of your employment contract. The minimum requirement of rest between shifts is eight hours. Employment Standards Information Centre There's nothing mentioned in my contract to say otherwise, am I still entitled to 11 hours break? An employee should get at least 11 hours’ uninterrupted rest between finishing work and starting work the next day. If you sign an opt-out, you have the right to cancel this agreement at any time by giving between one week and three months' notice. Your employer can’t force you to cancel your opt-out agreement. There can be gaps of time in between the end of one "day" and the beginning of the next "day" where the employee started work sometime after the end of the preceding “day.” Within each 24-hour “day” (as described above), an employee generally is entitled to be free from work for at least 11 consecutive hours. How an employee can make a flexible working request. If this is not possible (for example, there’s an emergency at work), the employer must take steps to provide enough rest for … The Working Time Regulations 1998 also give workers the right to a minimum daily rest period between each working day or shift, and to a minimum weekly rest period. The second “day” begins Tuesday at 8 a.m. and ends 24 hours later on Wednesday at 8 am, (Note that the second “day” begins Tuesday at 8 am because the second shift began immediately after the first 24 hour “day” ended). The third and each subsequent “day” begins and ends in the same manner as described above. 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