Maine Meal Period Policy
and Acknowledgement Form
It is Sodexo’s policy to comply with all state laws regarding meal periods, including those of the State
of Maine.1 Therefore, Sodexo adopts the following Meal Period Policy applicable to its nonexempt
(hourly paid) employees who work in Maine:

Employees who work six or more consecutive hours are required to take a 30-minute, unpaid,
duty-free meal period. The meal period must start before the employee completes six hours of
work.

Employees are entitled to an additional 30-minute meal period if they work more than six
consecutive hours following the first meal period.

If the employee’s meal period is not indicated on a schedule, the employee’s supervisor shall
inform the employee of the time of the employee’s meal period.

Employees must clock or record out and in for their meal period and shall not perform any
work duties during the meal period.

Employees must take the meal period every day and may not waive it, except as permitted by
law and approved by Human Resources.

Employees who are unable or forget to clock or record out or in for a meal period must notify
their supervisor immediately and record the missed punch on the Punch Exception Log, initial
the entry, and have the supervisor or manager approve the entry by initialing the missed
punch.

Employees who are unable to take a meal period for any reason must notify their supervisor
immediately.

Employees who are not provided with a meal period as set forth in this Policy should
contact their supervisor, manager or Human Resources representative immediately.
If you have concerns about your meal periods, you can utilize Sodexo’s Promise of Respect
and Fair Treatment process or contact the Business Abuse Hotline to voice those concerns.
Compliance with Sodexo’s Maine Meal Period Policy:
Employees are expected to know and comply with Sodexo’s Maine Meal Period Policy. Violations
include, but are not limited to:

Failure to take meal periods as instructed.

Failure to report missed meal periods.

Failure to clock or record out and in for meal periods.
1
The state of Maine uses the term ‘rest break’ to refer to the 30-minute break. Sodexo refers to the 30-minute breaks as meal periods.
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November 2013
Per the Sodexo Payment of Wages for all Hours Worked Policy, CP-217, accurate timekeeping of all
work time and meal periods is critical.
Employees who fail to comply with Sodexo’s Maine Meal Period Policy will be subject to constructive
counseling, up to and including termination of employment. Employees who intentionally violate
Sodexo’s Maine Meal Period Policy and/or the Payment of Wages for all Hours Worked Policy (i.e.
misrepresent time worked) are subject to immediate termination of employment.
Managers who fail to enforce and comply with Sodexo’s Maine Meal Period Policy will be subject to
constructive counseling, up to and including termination of employment.
Employees Covered by a Collective Bargaining Agreement:
Employees in units covered by a collective bargaining agreement shall follow the terms of the
applicable collective bargaining agreement pertaining to meal periods and/or rest breaks. If the
applicable collective bargaining agreement is silent on the subject of meal periods and/or rest breaks,
then this Policy or state law shall apply.
Employees who have any questions concerning this Policy should contact their supervisor, manager
or Human Resources representative.
Employee Acknowledgement
I acknowledge that this policy has been provided and explained to me. I understand and agree to
follow this policy.
Print Employee Name: _____________________________________________
Employee Signature/ Date: _______________________________________________
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Maine Meal Period Compliance
Manager Oversight and Enforcement
To comply with Sodexo’s Maine Meal Period Policy, managers must:

Post the Maine Meal Period Policy and Acknowledgement Form where other notices to employees are posted.

Schedule and post employee meal periods.

Provide a 30-minute duty free meal period to employees working six or more consecutive hours. The meal period must start before the
employee completes six hours of work. An additional meal period is required if the employee works more than six consecutive hours
following the return from the prior meal period.

Remind employees when their meal periods are scheduled. Ensure coverage is available so that employees can take an uninterrupted 30–
minute meal period.

Ensure frontline (Class Codes 6, 8, and 9) and nonexempt, administrative, technical and professional employees (Class Codes 4 and 7)
clock or record out and in for their 30-minute unpaid meal periods.

Review time records on a daily basis if possible.

Review the Maine Meal Period Policy with new employees on the first day during orientation. Have the employee sign the Employee
Acknowledgement at the end and place in the personnel file. If an employee refuses to sign the Employee Acknowledgement, sign and date
the form yourself to indicate when you provided and reviewed the policy with the employee. Note on the document the employee’s refusal
to sign and place in the employee’s personnel file.

Review the requirements of the Maine Meal Period Policy with existing employees on a regular basis.

Enforce the policy. Hold employees accountable for taking their meal periods as required. Promptly take disciplinary action according to the
Constructive Counseling process or the disciplinary procedures provided in the applicable collective bargaining agreement. Always act
consistently.
Sodexo relies on its managers to ensure it complies with Maine’s meal period requirements. Accordingly, managers who fail to comply with the policy will
be subject to discipline up to and including termination of employment. If you have any questions about the policy or your responsibilities, contact your HR
representative.
November 2013
Maine Meal Period Compliance
Employee Constructive Counseling
Employees are expected to know and comply with the Sodexo Maine Meal Period Policy. Violations include, but are not limited to:



Failure to take meal periods as instructed
Failure to clock or record out and in for meal periods
Failure to report missed meal periods to the supervisor or manager
Employees who unintentionally fail to comply with Sodexo’s Maine Meal Period Policy will be subject to constructive counseling as
follows:




For initial violations, deliver a Written Coaching.
For second violations, deliver a Written Warning, review the policy with the employee and have the employee sign the
Maine Meal Period Policy and Acknowledgement Form.
For third violations, deliver a second Written Warning, review the policy with the employee and have the employee sign the
Employee Acknowledgement again.
For fourth violations, employees may be subject to termination. Review the facts with your Human Resources
representative.
Employees who intentionally violate the Sodexo Maine Meal Period Policy (for example: misrepresent time worked) are subject to
immediate termination of employment.
All Constructive Counseling Notices must be placed in the employee’s personnel file.
Template Constructive Counseling Notices are provided to assist you in documenting written coaching and written warning
actions.
If you need assistance, contact your Human Resource representative.
November 2013
MAINE MEAL PERIOD Q&A FOR MANAGERS
Meal Periods
Q1. Do employees have to
punch/record out and in for meal
periods?
A.
Absolutely. It is important documentation to
confirm employees have received their 30-minute
meal period as required by state law even if the
employees get a paid meal.
Q2. Can I require an employee
to work through his meal period if
I pay him for his time?
A.
No. The employee is entitled to a 30-minute
duty free meal period if the employee works six or
more consecutive hours. Any time a meal period is
missed or the employee is unable to take the full 30
minutes, the employee must be paid for the time
worked or the short meal period.
Q3. Can I require an employee
to take a meal period at her
workstation?
A.
No. An employee must be relieved of all
work duties during the 30-minute meal period.
Q4. Can I allow my employee to
waive her meal periods?
A.
The law allows an employee to waive the
meal period if mutually agreed to by the employee
and the manager. It must be completely voluntary
and documented in writing. Please contact your
Human Resources representative for guidance and
the Maine Meal Period Waiver Agreement.
If at some later date the employee wishes to receive
a meal period, any agreement would no longer be in
effect and the meal period waiver form should be
end dated.
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Q5. Can I allow an employee
to work through his meal period
so that he can leave work 30
minutes early?
A.
No. Working through a meal period does not
entitle an employee to leave work prior to his
scheduled quitting time.
Q6. Can I require my
employees to stay on the work
premises during their meal
periods?
A.
You cannot require employees to remain on
the premises for their meal periods unless they are
paid for their time.
Requiring employees to remain on premises during
their meal periods would deny them the time for
their own purposes and they would, in effect, remain
under the Company’s control. Therefore, the meal
period would have to be paid. If you do require
employees to remain on premises a suitable place
must exist for them to eat.
Q7. All my employees start at
the same time each day. Do I
have to give them their meal
period at the same time?
A.
No, employees do not have to have the
same meal period if they start their shift at the same
time. All employees’ meal periods should be
scheduled and their meal periods started before
they complete six hours of work. For example,
some employees could be scheduled to start their
meal period four hours into the shift and others four
and one half or five hours into the shift. Staggering
meal periods provides constant coverage in the unit
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Q8. How do I ensure that
employees are receiving and
taking their required meal
periods?
A.
Scheduling meal periods ensures employees
receive their required meal periods. Review time
records on a daily basis if possible. If the time
records reveal: (1) no clocking or recording out
and/or in for the 30-minute meal period, or (2) a
meal period is less than 30 minutes, or (3) the meal
period was started after the employee completed six
hours of work:
1.
Discuss the time record with the employee
and record the reason on the time record. Have the
employee sign or initial the notation on the Punch
Exception Log, the print screen of the time card, or
the Frontline Manual Timesheet.
2. If the employee states the missed, short or late
meal period occurred because of personal reasons
unrelated to work requirements proceed with the
appropriate constructive counseling step using the
Constructive Counseling Notice. Attach a copy of
the time record with reason to the Constructive
Counseling Notice.
Remind the employee of the obligation to take meal
periods according to Sodexo’s Maine Meal Period
Policy and review the policy with the employee
again.
3. If the employee states that he did, in fact, take
a meal period but forgot to clock or record out or in,
proceed with the appropriate constructive
counseling step using the Constructive Counseling
Notice. Attach a copy of the time record with reason
to the Constructive Counseling Notice.
Remind the employee of the obligation to take meal
periods according to Sodexo's Maine Meal Period
Policy and to clock/record out and in for his meal
periods.
4. Ensure all Punch Exception Logs and Manual
Timesheets are maintained with other time records
for the pay cycle.
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Q9. Am I allowed to adjust the
schedule for meals periods from
one workday to the next, or does
the meal period schedule need to
be fixed?
A.
There is no requirement that the scheduling
of meal periods be fixed. The law permits flexibility
in scheduling meal periods on a day to day basis
based on the employer's operational needs. This is
to avoid interruption in the flow of work and to
maintain continuous operations. The only restriction
is to ensure the meal period is started before the
employee completes six hours of work.
Q10. If an employee starts a
meal period, but is interrupted to
do work, what should we do?
A. If an employee must return to work early, the
employee must be paid for the time the employee
had clocked out prior to being interrupted.
In eTIME on the Timecard screen - to change a
short meal period to a paid meal period, use pay
code “Meal Break Taken Paid’. Do not delete the
meal period punches. This pay code will change the
time to paid time. In the ‘Amount’ field, enter the
number of minutes of the short meal period in the
hh:mm format.
In Labor Management, to pay the employee for the
time, disable the short meal period punches. The
punches will be stored in the background for audit
purposes.
Q11. How does the policy
apply to employees who are
scheduled for two shifts?
A.
Employees working two shifts are entitled to
the meal periods based on the number of hours in
each individual work shift. For example, if an
employee works four hours in the morning and
another four hours in the late afternoon, the
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Maine - November 2013
employee would not be entitled to a 30-minute meal
period on either shift. However, if the employee
worked six and one half hours and then returned two
hours later for another 4 hours, the employee would
be entitled to one 30-minute meal period during the
six and one half hour shift.
Q12. What are employees
entitled to if they work 10-hour
shifts?
A. Employees who are scheduled to work 10-hour
shifts are entitled to at least one 30-minute meal
period. It will depend on what time the first meal
period is scheduled. If too early in the shift, the
employee could have more than six hours of work
following the meal period and require an additional
meal period. Employees scheduled to work more
than 10 hours, will likely require at least two meal
periods. Additional meal periods would be
dependent on total length of the shift and the
number of work hours following each meal period.
Employee Relations
Q.13. What do I do if an
employee refuses to sign the
Employee Acknowledgement on
the Sodexo Maine Meal Period
Policy?
A.
If an employee refuses to sign the Employee
Acknowledgement, simply sign and date the
Employee Acknowledgement yourself to indicate the
date you provided and reviewed the policy with the
employee. Note the employee’s refusal to sign and
place it in the employee’s personnel file. You should
remind the employee, however, that failure to follow
the Maine Meal Period Policy is grounds for
constructive counseling, up to and including
termination, and the employee’s refusal to sign the
Employee Acknowledgement does not excuse him
or her from that obligation.
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Maine - November 2013
Q14. What do I tell employees
who have questions about past
failure to provide the meal
periods outlined in the Maine
Meal Period Policy?
A.
If employees seek additional information
about the reason for the Employee
Acknowledgement or if they raise specific
complaints about past practices, please tell them to
contact their Human Resources representative
directly and provide the employee with the HR
contact information.
Miscellaneous
Q15. Does the state law and
Maine policy apply to my Admin
Assistant and Chef (Class Code 4
positions)? They record their
time in eTIME using Hours Time
Entry View.
A. Yes. Maine state law and Sodexo policy for
meal periods does apply to administrative assistants
and nonexempt chefs. It applies to all nonexempt
(hourly paid) employees, not just frontline
employees recording their time on the In Touch time
clocks, online using Timestamp View or on Labor
Management time clocks.
Q16. I manage client
employees. Do I post Sodexo’s
policy and have employees sign
the Employee Acknowledgement
on the policy?
A. No, you should not post a Sodexo policy or
have the client employees sign a Sodexo employee
acknowledgement. Consult with the client’s Human
Resources representative to discuss what resources
they have available to educate and keep the
employees informed of Maine state requirements.
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Maine - November 2013
Q17. I have employees that
use pagers for their work. How
do I ensure they are not
interrupted during their meal
periods?
A.
Employees should be instructed to turn off or
silence their pagers, radios, beepers etc. or give
their communication devices to the manager or
another employee and log out of any work
assignment systems before the start of their meal
periods.
Refer to Sodexo’s CP-217 Payment of Wages for All
Hours Worked Policy for additional information.
Q18. I supervise union
employees. Do I implement this
policy in my unit?
A. You should check the collective bargaining
agreement and see what it says about meal periods
and rest breaks.
If the collective bargaining agreement specifically
provided for meal periods and/or rest breaks, follow
the union contract.
If the union contract does not have a provision
covering 30-minute meal periods or rest breaks,
then you should follow Sodexo’s policy. However,
before applying Sodexo’s policy or distributing the
Maine Meal Period Policy and Acknowledgement
Form to employees, you must consult with your
Labor Relations representative.
Additionally, when applying Sodexo's policy, you do
not want to act contrary to any other part of the
union contract. For example, any discipline under
Sodexo’s Maine Meal Period Policy must be
consistent with the disciplinary process provided in
your union contract.
Please consult your designated Labor Relations
representative for information specific to your
location.
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Q19. Is there a poster on 30minute meal or rest periods?
A.
Yes, The Regulation of Employment poster
refers to the 30-minute ‘rest break’. In addition, the
Sodexo Maine Meal Period Policy and
Acknowledgement Form must be posted in an area
accessible to employees (i.e. on the employee
bulletin board or near the time clock). The policy is
available in English and Spanish.
Q20. What are the
consequences if I don’t follow the
Maine Meal Period Policy?
A. A manager has the responsibility to comply
with the policy and state law. Failure to do so
creates great risk for Sodexo. Claims for violations
of Maine meal period laws can be very costly.
Centralized data analysis may be conducted to
ensure compliance.
Managers not complying with the policy will be
subject to constructive counseling up to and
including termination of employment.
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