Category Personnel/Employment
Title Is a School Liable for the Accident of an Employee Who Leaves the Campus During a Break?
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Preview Is a School Liable for the Accident of an Employee Who Leaves the Campus During a Break?
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Is a School Liable for the Accident of an Employee Who Leaves the Campus During a Break?

If an employee leaves the school campus and has an accident, the school could be liable through workers' compensation. If the injuries are sustained off campus during a lunch break that is nonpaid, then in most circumstances the school would not be liable. However, if an employee leaves the campus during a brief paid rest break, like running to Starbucks for coffee, injuries incurred in an accident could be compensated through the school's workers' compensation policy. This break time is usually considered necessary for job performance—the employee is paid for the break, and the school controls when and how long the employee can be on break.

Remember, for nonexempt employees, a lunch break is considered 30 minutes or more. A break under 30 minutes is considered a rest break and is a paid break according to the Fair Labor Standards Act.

LLU 20.2

Notice: This article is designed to provide accurate and authoritative information in regard to the subject matter covered. It has been provided to member schools with the understanding that ACSI is not engaged in rendering legal, accounting, tax, or other professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought. Laws vary by jurisdiction, and the specific application of laws to particular facts requires the advice of an attorney.

Association of Christian Schools International
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Colorado Springs, CO 80920
Phone: 719.528.6906
ACSI.org

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