Employees who are allowed to take smoking breaks during work hours have an unfair advantage over nonsmoking employees. Chances are the nonsmoker gets no extra break time. Smokers cause discontent among coworkers, plus smokers can’t get as much work done when they take ten or fifteen minutes every 1 or 2 hours to light up and smoke. It’s the nonsmokers who are usually left to take up the slack.
The Fair Labor Standards Act
There is a Federal law and some separate state laws that define breaks. Is a worker entitled to a smoking break? The Web site, Environment, Health and Safety Online, posted the article, "What Breaks (Rest, Snack, Meals, Smoking, Health, Etc.) Am I Entitled To under FLSA (the Fair Labor Standards Act)?" The answer clearly states, "Employees have no rights in any state to have smoking breaks. In this day and age, understanding the adverse health effects that smoking has on smokers and those who breathe secondhand smoke, it is hard to believe that some smokers still think they have a "right" to smoking in the workplace or public venues."
In addition to the health risks for smokers and nonsmokers, nonsmokers that work in close proximity with smokers are subjected to the foul tobacco odor. Employees who are allowed to smoke in the break room or bathroom force others to endure the smell that clings to clothes, hair, and skin.
Smoking is Not a Disability, and Employers Lose Money with Employees Who Smoke
Some employees who smoke believe the habit qualifies as a disability and that allowances should be made on the grounds of nicotine addiction. Employers have the final say on whether time should be allotted or not to accommodate smoking individuals. However, considering the absurdity of treating a nicotine habit as a disability, and the objections voiced by nonsmokers who don't get extra breaks, the chances for a favorable disability ruling seem slim.
Heavy smokers who take a ten to fifteen-minute smoking break every hour are robbing the business of time and money. Nonsmoking employees have to take up the slack, performing extra work for smoking coworkers.
Do Smokers Produce More Work When Pacified by Cigarettes?
There is no evidence to support the claim that smokers work harder after smoking a cigarette. In fact, such a claim is considered to be nothing more than a justification for the habit. One or two hours after satisfying the craving, smokers want yet another break.
Employers should not have to make special allowances for smokers, including permitting breaks smokers feel they are entitled to. Low morale among other employees and the loss of revenue are valid reasons to snuff out smoking breaks. The compromised health and safety of nonsmoking employees and the potential for future health-related lawsuits should make the “no smoking breaks” rule an easy policy for any business owner to enforce.
Mary King - Mary King is a Suite101 Topic Editor for the Caregiver Support and Home Management sections. She has authored 5 teen-based novels.
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