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VA Break Law

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  • VA Break Law

    I work in an administrative position in a fairly large manufacturing company. I've been with this company for almost 11 years. We are allowed two 15 minute breaks daily. One in the morning and one in the afternoon. My hours are from 8:30 to 5:00 M-F with a 12:30 to 1:00 lunch time.
    During the last school year I had discussed with the Asst. supervisor about combining my breaks and taking a extended break in the afternoon so I could pick up my children from school. It was my understanding that this was ok. I did this from August to end of May until school was out for the summer. During the summer school break I went back to taking my regular break times. This year school started back in August and I've gone back to the combined break schedule in the afternoon so I can pick up my children. Yesterday I was approached by the Asst. supervisor who informed me that this was not allowed. That it was the LAW that I had to have the 15 minute break in the morning and the 15 minute one in the afternoon.
    I do not believe that this is correct. Someone told me that you had to work five hours before you are required to take a 15 minute break. I only work 4 hours before I take my 30 minute lunch break. Am I still required by law to take that 15 minute break in the morning or is it acceptible for me to combine my two breaks and pick up my children. (Normally I do not require the entire 3o minutes to pick them up and return to work.
    Please help!

  • #2
    Rest breaks and meal periods are not required by law in Virginia for those 16 years of age and over. See here:

    Having said that, however, the employer sets the work hours and break times. If they mandate that you take a break, and at a certain time, you take it, whether the law requires it or not. The fact that it was allowed in the past does not keep them from changing it now.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      The state of Virginia has no law requiring breaks of any kind. If you are receiving ANY breaks, you are receiving more than the law requires.

      However, the employer, not the employee, decides when breaks are to be taken. If the employer does not want to allow you to combine your breaks they are not required to.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


      • #4
        great minds, cbg
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


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