Here’s something that surprises most employers.
“Working time” doesn’t mean “actively typing or clicking.”
If you require someone to be at their desk, available, ready to respond, that’s working time. Even if they’re just sitting there waiting for you to assign the next task.
If your VA is clocked in, at her computer, available to work, but waiting for you to review something so she can move forward, that idle time is your responsibility. Not theirs.
Now let’s talk about breaks.
Most Countries Treat Short Breaks as Paid Time
US federal rules don’t require employers to give breaks at all. But here’s the catch.
If you do give short breaks (5 to 20 minutes), those have to be paid. You can’t deduct them from hours worked.
The logic is simple. Short breaks help people work better. They’re for your benefit as much as theirs.
Bathroom breaks. Quick coffee. Stretching. Reading something without typing.
The Philippines follows the same basic idea. You can’t use short breaks as an excuse to underpay someone.
But meal breaks are different.
Real Meal Breaks Can Be Unpaid
If you give someone a proper lunch break, 30 minutes or more, where they’re completely free from work, that can be unpaid time.
The key word is “completely free.”
They can’t be monitoring Slack. They can’t be expected to answer if you ping them. They have to actually be off duty.
If you’re asking them to stay available “just in case,” that’s not a real break. That’s paid time.
Most countries structure it this way. 30 minutes or longer, fully relieved of duties, can be unpaid. Anything shorter should be paid.
Makes sense when you think about it. A 30 minute lunch break where someone can walk away from their desk is genuinely time off. A 5 minute coffee break isn’t.
What Europe and Canada Do With Breaks
You’re not hiring someone in Europe or Canada. I get it.
But their rules are worth knowing because they show you what “fair” looks like in developed labor systems.
The EU requires a rest break when someone works more than 6 hours. Plus at least 11 hours off between workdays. Plus a full 24 hours off each week.
Canada requires a 30 minute break after 5 consecutive hours of work. Some provinces require 11 hours between shifts.
These aren’t just random numbers. They’re based on decades of research about what keeps people healthy and productive.
You don’t have to follow these rules with Filipino contractors. But they give you a baseline for what’s reasonable.
If you’re making people work 10 hour shifts with no breaks, you’re outside the norm of every developed country. That should tell you something.
How to Set an Idle Threshold That Makes Sense
If you’re using a time tracker with an idle detection feature, set it to stop tracking after 5 to 10 minutes of no activity.
Then tell your VA to manually pause the tracker for anything longer than that threshold.
Meal breaks. Long bathroom breaks. Personal errands. Anything where they’re stepping away from work.
This does two things.
First, it keeps your records clean. You’re not paying for time someone wasn’t actually working.
Second, it protects your VA from accidentally working “off the clock.” If they come back from lunch and forget to clock in, the tracker doesn’t keep running while they are gone.
Here’s the key though. Short breaks under 5 to 10 minutes should stay on the clock.
Don’t make people pause tracking for that stuff. It’s micromanagement.
And according to most labor standards, short breaks like that should be paid anyway.
Your VA shouldn’t have to think about the tracker every time she stands up to stretch her legs.
A Fair Break Structure for an 8 Hour Shift
Here’s what I’d recommend for a standard 8 hour day.
One paid 10 to 15 minute break in the first half of the shift.
One unpaid 30 to 60 minute meal break around the middle.
One paid 10 to 15 minute break in the second half.
This mirrors what most developed countries require or recommend. It’s fair. It’s reasonable. And it’s easy to explain.
For longer shifts, add another short break. Don’t make people work 10 hours straight with just one lunch break.
And give people at least one full day off per week. This isn’t negotiable. It’s a basic labor standard everywhere.
Put Everything in Writing
Don’t just tell people the rules verbally.
Write it down.
Create a simple “Remote Work Policy” document. Include these things:
What hours do you expect people to work.
How breaks work (how many, how long, paid or unpaid).
How the time tracker works (what it tracks, what the idle threshold is, when to pause it).
What counts as working time versus personal time.
Make it clear. Make it specific. Give examples if you need to.
“Lunch breaks are 30 to 60 minutes and unpaid. Please pause your tracker when you take lunch.”
“Short breaks under 10 minutes (bathroom, coffee, stretching) should stay on the clock. Don’t pause your tracker for these.”
“If you need to step away for more than 10 minutes for something personal, pause your tracker and let me know in Slack.”
Simple. Clear. No room for confusion.
Explain Your Tracking Tools Up Front
If you’re using time tracking software, tell people exactly what it does.
Does it take screenshots? How often?
Does it track URLs or app names?
What’s the idle threshold?
How is the data used?
Most VAs are fine with tracking. What they hate is finding out after the fact that you’ve been collecting screenshots or seeing which websites they visit.
Just be honest about it from day one.
And here’s a tip. For most roles, you don’t need screenshots. Seriously.
If you’ve got someone handling sensitive client data, fine. I get it.
But for general VA work? Time logs are enough. You don’t need to see their screen every 10 minutes.
When to Be Flexible and When to Be Strict
Some employers try to be too loose. “Just get the work done, I don’t care when.”
That sounds great but it usually creates problems. People take advantage. Or they work odd hours and you can’t reach them.
Or they blur work time and personal time so much that nothing gets done well.
Other employers go too strict. Every minute accounted for. Every break approved in advance. No flexibility whatsoever.
That creates resentment and burnout.
The middle ground is this.
Set clear core hours. Times when you expect everyone to be online and available.
Be strict about communication. If someone needs to step away during core hours, they let you know.
Be flexible about the small stuff. If someone takes a 15 minute break instead of 10, don’t make a federal case out of it.
And focus your energy on the work, not the minutes.