Your break time starts when you reach your break room.
THE QUESTION The break room at my workplace is a seven-minute walk from my workstation. I am told that I must take my breaks in the break room. If I have a 30-minute break, half of that time is spent walking to and from the break room. Should my 30 minutes start when I leave my workstation or when I reach the break room? Your employer has a clear rule stating that your breaks are to be taken in the break room only.
It is unreasonable to expect you to start your eating break while walking to the break room. Also, your employer has a fiduciary obligation toward you, which means they need to act in an almost parent-like role to support you in the workplace. As part of your employer’s fiduciary duty, they must take reasonable measures to give you a fair opportunity to take your 30-minute break without interruption.
Federal and provincial labour and employment standards codes do not generally impose a mandatory designated break area on employees, nor do they provide a particular way to time breaks. Some collective agreements, however, do set out specifications regarding duration and location of a break. If you work in a unionized workplace, I suggest first looking at the collective agreement in place to see if it provides any additional information on when you start timing your breaks.
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