Infant feeding and rest and meal breaks - changes in legislation

Information is provided by Employers and Manufacturers Association (EMA) and Ministry of Education (MoE)

Employment Relations (Breaks, Infant Feeding, and Other Matters) Amendment Act 2008

Guidelines for the Early Childhood Education Sector

MoE has prepared advice and guidance for ECE centres on the impact of the rest and meal breaks legislation. A copy of the guidance document is available for download here (PDF, 12Kb).

Infant feeding

Employers are required to provide appropriate facilities and breaks for employees who wish to breastfeed (including expressing breast milk) so far as is reasonable and practicable in the circumstances.

  • In determining what is reasonable and practicable employers will be able to take into account their operational environment and their resources.
  • The breaks are unpaid unless the employer and employee agree that they are paid.
  • The breastfeeding breaks are to be provided in addition to the rest and meal breaks.
  • Where agreed upon by the employer and employee the rest and meal breaks can also be used as breastfeeding breaks.
  • As soon as practicable after the Act takes effect the Minister will provide a code of practice relating to the employer’s obligations under the legislation. So far nothing has been specified as to what “appropriate facilities” are,  but it is envisaged that it will be at least a separate private lockable room, chair, changing table and if not in the room, access to a fridge and wash basin.
  • Employers may be liable to a penalty if they do not comply with the infant feeding requirements of the Act.

Rest and meal breaks

Employees are be entitled to:

  1. One 10 minute rest break if they have worked between 2 and 4 hours.
  2. One 10 minute rest break and one 30 minute (unpaid) meal break if they have worked between 4 and 6 hours.
  3. Two 10 minute rest breaks and one 30 minute (unpaid) meal break if they have worked between 6 and 8 hour.

If an employee has worked for more than 8 hours the break requirements start over again at the end of the 8th hour, i.e. their next 10 minute rest break would become due after their 10th hour.

If there is no agreement already existing between the employer and the employee as to when they take their rest and meal breaks, then the legislation specifies that so far as is reasonable and practicable the rest breaks and meal breaks must be provided in the middle of the applicable work period.

The legislation ensures that workers with greater entitlements for breaks do not lose them as a result of this new law.

Employers may be liable to a penalty and a compliance order if they do not comply with the rest and meal breaks requirements  of the Act.

Full legislation and cabinet minutes here

Frequently asked questions

Question: Our staff have always stopped for a coffee to sit with the children when they have their morning tea, in fact they prefer it that way. Under the new Breaks and Infant Feeding legislation, do they have to stop that practice?

Under the Employment Relations (Breaks, Infant Feeding and Other Matters) Amendment Act 2008, employers must give staff genuine breaks. These can be taken informally but should not result in child: teacher ratios that exceed the regulations. Support staff must agree to cover ‘on the floor' while staff take breaks, it should not be assumed that support staff will provide cover while other teachers are on breaks.