Sleep, Safety, & the Law: Why Rest Policies Matter at Work

It’s easy for employers to brush off sleep deprivation as something that happens to employees at home, given that federal law generally does not require them to provide paid time off for sick leave, holidays, or vacation, even if there are some exceptions.

While some states do have laws mandating time off or breaks, federal law also does not require employers to provide workers with lunch or coffee breaks.

However, with 35% of adults sleep-deprived, rest breaks aren’t just perks; they’re a legal safeguard against accidents and claims.

Sleep deprivation has potentially disastrous consequences for workers and employers, and employers are legally and morally obligated to protect workers’ health and well-being. This protection should include allowing workers time for sufficient rest, hence the importance of rest policies in the workplace.

The Effects of Sleep Deprivation

Sleep deprivation has a negative impact on both physical and mental health, leading to reduced workplace performance. Studies show links between inadequate sleep and co-morbidities such as diabetes, hypertension, and obesity, as well as emotional instability, anxiety, aggression, irritability, reduced attention span, and increased interpersonal conflicts.

With effects such as these, sleep deprivation increases the risk of illnesses and injuries in the workplace. In fact, reduced alertness due to worker fatigue has contributed to several major industrial disasters over the past few decades. Among these are the Challenger space shuttle explosion, the Chernobyl and Three Mile Island nuclear accidents, and the 2005 Texas City BP oil refinery explosion.

The National Sleep Foundation’s 2023 Drowsy Driving Survey found that 20% of motor vehicle crashes in the US are related to drowsy driving. Additionally, 63% of employed drivers reported having driven drowsy. Of the adults who reported they had driven when drowsy, 58% said their work or school schedules prevented them from getting sufficient sleep.

The potential effects of fatigue and sleep deprivation on employees, as well as the associated costs to employers, are significant. While workers’ physical and mental health are at risk, employers may face higher costs for illness and injury, increased employee absenteeism, increased workers’ compensation costs, reduced productivity, legal action, and reputational damage. That said, many of these consequences can be avoided by introducing fair rest policies at work.

Rest Policies and the Law

Workplace rest policies in the US are governed by federal law, state law, and industry standards and regulations.

Federal Law

Generally, federal law does not require employers to provide paid time off for sick leave, holidays, or vacation. However, there are exceptions for religious observances under Title VII, military service, and some family and medical reasons. Additionally, federal law does not require employers to provide coffee or lunch breaks.

That said, if employers allow short breaks of between five and 20 minutes, these breaks are considered compensable work hours by federal law. Employers are required to include these breaks in the total hours worked during the week and to consider them when determining overtime.

Since meal breaks of at least 30 minutes serve a different purpose, they are not considered compensable work time.

State Laws

While federal laws make few provisions for breaks at work or time off, this is not the case in some US states. Several states have laws regarding family, medical, and other types of leave, as well as paid sick leave.

A number of states also have laws governing meal or coffee breaks in the workplace. A few examples include:

California: Employers must provide employees with a paid half-hour meal break when they work five consecutive hours. Employees who work more than 10 hours a day are entitled to a second meal break. The first break should happen before the sixth work hour begins, while the second break should happen before the end of hour 10. When working for four hours, employees are entitled to a 10-minute paid rest break.

Connecticut: Employees who work for at least 7.5 hours are entitled to a half-hour meal break after the first two work hours and before the last two work hours. Employers can determine whether these breaks are paid or unpaid.

Kentucky: Employers must provide a paid 10-minute break for every four hours worked, and they must provide a reasonable meal period during shifts, although no minimum length is stipulated. Meal breaks may be unpaid. Employees younger than 18 must take a half-hour meal break when they work at least five hours.

New York: Meal and break requirements in New York State are typically governed by industry-specific regulations. For example, mercantile employees who work more than six hours per day over the lunch period must receive a 30-minute meal break at noon. If workers’ shifts start at 11am and finish after 7pm, they’re entitled to an extra 20-minute meal break. 

Rest Policies Employers Should Consider

When determining workplace rest policies, employers should seek a balance between compliance with relevant federal and state laws, industry regulations, and compassionate understanding. Employees are human beings with human needs, strengths, and weaknesses.

Taking this into account, federal and state laws, as well as industry regulations, should be viewed as the bare minimum.

Employers may decide to offer longer breaks or paid time off for reasons other than those stipulated by regulations. Additionally, they should ensure all employees thoroughly understand workplace rest policies.

These policies should be comprehensive, covering breaks or rest periods such as:

• Meal breaks
• Short breaks for rest or coffee
• Bathroom breaks
• One day of rest every seven days
• Smoke/vaping breaks
• Religious observances
• Childbirth/lactation/adoption breaks
• Holiday/vacation
• Injury/sickness
• Family responsibility/compassionate leave

Employers may also consider offering paid or unpaid time off for jury duty, studies, and sabbaticals. The extent of paid or unpaid leave allowances should be stated clearly in all employee contracts.

Support Employee Health with Rest Policies

With a growing number of people focusing on their well-being, rest policies are designed not to inconvenience employers, but to support employee health by ensuring they have time to rest and eat during the workday.

By taking a break and refueling at regular intervals, workers can stay refreshed, alert, and energized, while also enjoying greater job satisfaction. Employers then benefit from increased productivity, reduced absenteeism, fewer workplace accidents and injuries, and higher employee retention. The result is a win-win situation for all concerned.