butt break

Hello,

We are a small company with 55 employees in Massachusetts. We have a designated smoking room and here's where the problem comes in.

MA law requires a 30 minute break after 6-hours of work. Our hours are 8:30-5:00 with a one hour lunch break.

We have a few employees (non-exempt) in the same department who go to the smoking room more than their supervisor thinks is necessary. The problem is she now wants to dock their pay, stop everyone in the office from smoking, or tell the employees that they are limited to how many times they can go smoke. She thinks that if they can do it then everyone in the office should be able to have a break whenever they want.

Has anyone else experienced this? I feel the reason the employees go more than they should is because they don't have enough work to do. I also think that employees who smoke get a bad rap anyway and that it is just more noticable when they are away from their desk because it is assumed that they're smoking.

Any comments on how to handle this would be appreciated.
Thanks,
njm

Comments

  • 14 Comments sorted by Votes Date Added
  • Under the old NYC smoking law, we had a smoking room. The rule basically was that smokers were not entitled to more breaks than non-smokers. There was one break in the morning, lunch and one in the afternoon. Anyone using the smoking room other than these times was subject to disciplinary action. Now that the law has changed, no smoking within the building, the same rule applies. By the way, the smoking had a glass front and was located where it could easily be observed by management.
  • Some of that relates to state law. In Maryland, there is no protection for smokers. Supervisors have control of breaks. Smokers are not entitled to more breaks than non-smokers, but inevitably, get away with it. The supervisor should not dock pay without warning the smokers. Breaks should be scheduled and limited, other than bathroom breaks. Help the supervisor develop a schedule. It may have to be a little flexible depending on the workflow and coverage.

    I've come to realize that supervisors are not always good managers. I've gone to the extent of writing the correspondence for the supervisor. If you're good at it, try coaching the supervisor.


  • As a smoker, I have to voice my agreement with the other two responses - I am not entitled to any more than anyone else because I have a nasty habit. When I was a non-exempt employee my breaks were carefully monitered and I smoked when I was allowed to smoke- on my break. Now that I'm exempt its a little more flexible but that flexibility applies to everyone.

    Your problem may be solved shortly - a workplace smoking ban is in the works for the entire state of Massachusetts - so your employes are going to have to get used to not having a smoking room and perhaps that alone will curb the behavior.
  • Well it won't stop ee's from going outside even in MA where the winters are COOOOOLD! I am a smoker but for some reason I just don't smoke while I am working but when I get home I light the chimney. Wish I could quit!
  • rad,
    I didn't know that a workplace smoking ban is in the works for MA! If passed, is it a must that all employers stop employees from smoking inside the building, or will it be up to the employer? Employees will of course go outside which is another issue altogether.
    My concern is if, as an employer, do we have the right to tell employees how long they can take a break and how many per day?

    Thanks,
    njm
  • If passed, all workplaces must be smoke free or be fined. Right now it is in place in individual cities, like Boston - I can not even smoke in a bar (except cigar bars). Its been in place in all other buildings for a while, but that may have been voluntary. I think the intention is to protect non-smokers from second hand smoke, a legitmate issue. But I also think they want to convince smokers to quit - not gonna happen.

    But Deez is right, I will go outside in any weather or weather condition to have a smoke. That is another issue altogether but the more inconveinent you make it- you can mandate that smokers be a certain number of feet away from the building- the less some people will take the trouble. The real issue is enforcing the break rule for all employees, although some hard core smokers think they are entitled to extra because of the intense craving, its only a few minutes, etc.

  • NJM,

    Yes, you have the right to tell your ee's when and if they have a break. Just make sure to follow the break law in your state and that everyone gets the same amount.

    In my area, I tell them when and how long they can take a break. If they take more, they are written up.

    Nrdgrrl
  • I was intrigued by the title to your post. You can tell where my head is.

    Nevada is the worst state in the nation for smoking per capita. Partly to do with the casinos and the desire of the gamblers (who bring their money) to smoke and drink.

    We have a few smokers, both exempt and non-exempt. One particular exempt takes more breaks than everyone else, but gets her work done and is an overall good employee. My only issue is the mess they make in the area outside our building where the smoking is allowed. It is a small bbq grill that inevitable ends up as a big ashtray.
  • A smoker is entitled to the same amount of break time as a nonsmoker AND NO MORE.

    I certainly wouldn't want to try to monitor and try to correctly dock their pay, that would be opening a whole new can of worms that is best not opened. It would be better, in my opinion, to dicipline the smokers who are abusing the situation. It will correct the problem or you fire them. You mentioned that you believe that they might not have enough to do. My experience is that there is always something that can be done. But if you end up terming a few employees, the others can always take up the slack. That way they get the message management won't put up with it and they will be too busy to slip away.

    Good Luck.
  • I remember a Dilbert cartoon from a while back where Wally took up smoking just so he could get extra breaks. That pretty much sums up my opinion on this subject.

    James Sokolowski
    HRhero.com
  • Surely you're not impugning Wally's work ethic, are you? He's my hero! x:-)
  • I just have to mention that every time this subject pops up on my New Posts screen, I don't think of smoke breaks. I think of someone who wants a break because their butt is going numb from sitting too long. Can't seem to equate butts with cigarettes, even though I understand why the term was used.

    Maybe that's how non-smokers can get even with smokers who take frequent butt breaks. Non smokers need their butt-denumbing breaks. x:D
  • You have a valid point there, HRQ. When I go out for a smoke, I am getting up from my desk, walking around a bit, getting some (smoky) air...the whole process takes me about ten minutes. I don't take alot of smoke breaks, one in the AM, one in the PM, but it does give me a reason to get up and move from my desk. I think everyone, smokers and non-smokers alike, should move around a little throughout the day for sanity's sake.
  • I've seen cartoons like that too. It doesn't mean that Wally isn't doing as much work as the employees who you thought never took a break. The employees who sit at there desk facing the computer before and after working hours, looking like they have way to much work are the ones I wonder about more than the obvious cigarette smoker who has nothing to hide.

Sign In or Register to comment.