![]() ![]() ![]() A nonexempt employee must be completely relieved from duty during the 30 minutes for the time to be unpaid. ![]() However, for nonexempt employees, bona fide meal periods (typically 30 minutes or more) generally need not be compensated as work time. According to an Attorney General opinion, JM-481 (1986), a district may not require a teacher to remain on campus during their duty-free lunch break.Įntitlement to a lunch break only applies to teachers and librarians. See past HRX articles Are Teacher Planning Periods Untouchable? and Assigning Extra Classes during Planning Periods for more guidance on teacher planning periods.Ĭampus administrators should also be aware of what activities are allowed by staff during the duty-free lunch time. In addition to a duty-free lunch, teachers are also entitled to 450 minutes in each two-week period for planning and preparation in blocks of not less than 45 minutes. See Title 19 Texas Administrative Code (TAC) §153.1001 for guidelines to determine what constitutes a personnel shortage, extreme economic conditions, or an unavoidable or unforeseen circumstance. However, this assignment must be limited to one day in any school week. A school district may require a classroom teacher or librarian to supervise students during lunch due to a personnel shortage, extreme economic conditions, or an unavoidable or unforeseen circumstance. Texas Education Code (TEC) Section 21.405(a) entitles teachers and librarians to at least a 30-minute lunch period free from all duties and responsibilities connected with the instruction and supervision of students. Although it may be difficult to ensure adequate supervision of students during lunch periods, administrators need to be mindful of their staff’s entitlement to both a duty-free lunch and planning periods that are free of student supervision requirements. Lunchtimes on campus can be hectic and short-staffed. Campus principals must consider statutory limitations before assigning teachers and librarians to lunch duty. ![]()
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