Rest and meal breaks improve our well–being and job performance. Taking uninterrupted breaks allow all workers to be more emotionally and physically present, not to mention better able to provide for the needs of loved ones, children, and/or homes in their care.

In fact, many states require that employers provide meal and rest breaks. While domestic workers were initially excluded from labor laws, some states and municipalities have corrected this in recent years. Regardless of the laws in your area, it is best practice to ensure everyone you employ receives a break or is compensated for any breaks they cannot take.

Key Takeaways:

  1. All domestic workers should receive a 30-minute unpaid meal period for every five hours worked.
  2. Additionally, they should receive a 10-minute paid rest break every four hours of work.
  3. Unless a worker is completely relieved from duty and has the ability to leave the work site, their meal break should be paid.
  4. If you are unable to provide a meal break, provide 30 minutes of additional pay.

In the case of nannies and home care attendants, it might seem complicated to provide breaks because they are often alone with clients/children throughout the day. For instance, even if a nanny takes 30 minutes to eat uninterrupted while children are napping, they are still working, so their meal should be paid.

Off Duty vs. On-Duty Breaks

Unless a domestic worker is completely relieved from duty and has the ability to leave the work site (usually your home), a meal break should be paid. If you expect them to respond to a call or text from you, the meal break should be paid.

A 30-minute unpaid meal break allows workers to do whatever they like, such as eating lunch at the park down the street with friends, talking on their phone, running a quick errand, or taking a nap—anything they might do when they’re not at work.

What if you can’t provide an off-duty break?

In a perfect world, we would all get to take the breaks we need. The reality is that often there is no one to relieve some workers, such as nannies and home care attendants, of their duties. In the case that a worker must take their meals while on duty, they should be paid an additional 30 minutes at their regular rate.

Tips for providing breaks

  • Familiarize yourself with the laws and regulations in your state or country regarding meal and rest breaks for employees. This will help you ensure that you are providing the appropriate breaks.
  • Communicate clearly with the worker you employ about their meal and rest breaks. Make a plan together, and include these plans in your work agreement and timesheets. This is a great way to make sure that breaks don’t get forgotten! 
  • Think of creative solutions for how to make breaks possible. Are you or someone else working from home and can take over during break periods?
  • Consider providing snacks or meals for the worker you employ.
  • If you can, provide a comfortable, private place in your home where workers can take their breaks.

Next Steps:

  1. Create a written work agreement with the domestic worker you employ.
  2. Continue learning about how to be a fair employer.
  3. Become a member of Hand in Hand.