Ask An Expert
Can an employee be required to stay on work premises during breaks?
Expert: Howard Levitt
Colleen asked:
Is an employee required to stay on work premises during their 15 min breaks? The breaks are paid for by the employer. Or is this up to the employer to decide? Also does WSIB in anyway affect the decision that is made?
Howard Levitt answered:
WSIB has nothing to do with this unless a particular employee has mobility restrictions that would be aggravated by doing the walking to leave.
The employer can not permit mid-shift breaks outside of lunch. If it permits the breaks, it can impose the condition of staying on premises.
About the author
Howard Levitt, Counsel to the national law firm Lang Michener. He is author of, The Law of Dismissal in Canada, The Quick Reference Guide to Employment Law and an upcoming book on Canadian Hiring Law. He is Editor In Chief of the Dismissal & Employmnet Law Digest.
Email: hlevitt@langmichener.ca
Phone: (416) 307-4059
Website Bio: http://www.langmichener.ca/index.cfm?fuseaction=people.personDetail&id=9659.
