Sub Meal Break FAQ

At Swing, schools are required to offer W-2 subs a meal break when they work more than 5 hours. Under California law, all non-exempt W-2 subs must take one unpaid, uninterrupted 30-minute meal break by the end of the 5th hour of work.


For example, if a sub’s request is longer than 5 hours and the start time is 8:00 am, the latest time to take the meal break would be 12:59 pm. In other words, the school is responsible for assigning the sub a 30-minute break before 1:00 pm.  The school must base the sub’s meal period on the requested start time and not the bell schedule.  


Keep in mind if your school start time is 8:00 am and the student/staff lunch break is 1:20 pm, the subs meal period would need to be by 12:59 PM.


When is the best time for the Meal Break?

Typically, meal breaks are taken after the first 3-4 hours of the sub's request. Depending on each sub’s assignment, school admins can work with subs to determine the best time for their meal period.


Who is Eligible for a Meal Break?

All California Swing subs are considered W-2 employees. However, only W-2 subs who work more than 5 hours per day are eligible for 30-minute meal breaks.


What’s the Meal Break Penalty?

If any W-2 subs are not offered a compliant meal break, they will be paid a 1-hour penalty at the hourly rate of their request for each missed meal period.


For any further questions about the meal break policy or penalty, please don't hesitate to contact