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Employment Law/Rest/Break Periods


QUESTION: Our company is a 7x24 operation providing emergency medical services. Our medical staff are on 24 hour shifts. Their day begins at 7:00 am and once they have completed general duties in the morning are encouraged to rest until they are called on. Do they fall under the same rest requirements as factory or general office employees? If so, how would it work if they are out on a call during a documented break period?

ANSWER: I it is a longer break such as a lunch period of 30 minutes or more thay must be paid the time.

If it is a 15 minute break they just either take their break when they are finished with the call or they have to miss their break that one time.


---------- FOLLOW-UP ----------

QUESTION: Thank you Shirley. They are paid throughout their full shift, regardless of whether they are resting or not. I'm not clear on your response.  Is there any difference in how this position should be treated over say an office staff member?

The difference would be the nature of the job. Obviously we want employees to take breaks and rest when they have these type of shifts and responsibilities, however, with the job comes the responsibility of what to do in an emergency. If there is an emergency, than that is part of the job and obviously breaks must be put on hold. It is a little different from an office worker that can take a break at a scheduled time. As long as an effort is made to give a break when one can be given all is well.


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Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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