Section 6-B1212. REST AND LUNCH PERIODS

 

1212.1At the discretion of an agency head, a rest period of fifteen (15) minutes during each four (4) hour period of work may be authorized.

 

(a) Rest periods for an individual employee or small groups of employees are authorized whenever such rest period would accomplish one (1) or more of the following purposes:

 

(1)Protect employees’ health by providing relief from hazardous work or work that requires continuous or considerable physical exertion;

 

(2)Reduce accident rates by removing the potential for fatigue;

 

(3)Provide relief from work that is performed in confined spaces where normal personal activities are restricted; or

 

(4)Increase or maintain high quality and quantity work product;

 

(b)When rest periods with a specific duration (such as, fifteen (15) minutes as specified in subsection 1212.1(a) of this section) are offered, they are to be considered as compensable work hours as part of the employee’s regularly scheduled duty hours.  The unauthorized extension of a rest period with a specific duration shall not be counted as hours worked; and

 

(c) Rest periods shall not be utilized by an employee to expand his or her regularly scheduled lunch period of thirty (30) minutes by permitting the employee to take his or her rest periods immediately before or immediately after the employee’s scheduled lunch period.

 

1212.2A lunch period of at least thirty (30) minutes shall be provided to employees, except for an employee required to remain at his or her official duty station so that the agency can provide twenty-four (24) hour coverage, in which case, the employee shall be compensated.

 

1212.3 An employee’s thirty (30)-minute lunch period shall be in addition to his or her regularly scheduled duty hours.  That is, a bona fide lunch period shall not be considered as work time and is not compensable.  For that reason, the thirty-minute (30-minute) lunch period shall be added to the employee’s regularly scheduled duty hours.

 

1212.4 At the discretion of the supervisor, an employee who wants to take a one-hour (1-hour) lunch period may be allowed to add the extra half (½) hour to his or her regularly scheduled duty hours to account for the extra non-compensable time for lunch.  For example, instead of working from 8:00 a.m. to 4:30 p.m. (for example, eight (8) hours of compensable work time plus a thirty-minute (30-minute) lunch period), the employee may be allowed to work until 5:00 p.m. (for example., eight (8) hours of compensable work time plus a one-hour (1-hour) lunch period).  Lunch periods of more than one (1) hour shall not be permitted.     

 

1212.5The lunch period is separate and distinct from a rest period.

 

1212.6An employee shall not be authorized to depart work in order to either begin a period of leave or in order to end the employee’s official tour of duty because he or she refrained from taking a scheduled rest or lunch period. 

 

authority

The Director of the D.C. Department of Human Resources, with the concurrence of the City Administrator, pursuant to Mayor’s Order 2008-92, dated June 26, 2008, and in accordance with Title XII of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-612.11 (2006 Repl.)).

source

Final Rulemaking published at 54 DCR 11538 (November 30, 2007); as amended by Notice of Final Rulemaking published at 59 DCR 2690, 2692 (April 6, 2012).

EditorNote

Section 1212 is formerly entitled, "Rest Periods." Notice of Final Rulemaking published at 59 DCR 2690 (April 6, 2012) renamed the section, "Rest and Lunch Periods."