Scheduling of Lunch Breaks and Rest Periods for Employees

The Acting Assistant Secretary for Personnel Administration, Department of Health, Education, and Welfare, requested a decision regarding the Department's administrative authority in scheduling lunch breaks and rest periods for its employees. The agency cannot expand the regularly scheduled lunch break of 30 minutes to 45 minutes by permitting an employee to take a 15-minute rest period just prior to lunch since this practice does not conform to statutory authority for lunch breaks. The agency cannot permit employees to depart work 15 minutes early if they eliminate the rest break since rest periods are included within the basic workday.