Can an Employer Deny Smoke Breaks?
The topic of smoke breaks has become a subject of debate in modern workplaces, particularly as fewer people smoke and smoke-free campuses become more common. This article explores the legal and ethical landscape surrounding smoke breaks and how employers can handle the issue.
The Historical Perspective
Back in the day, when more people smoked, employers often turned a blind eye to employee smoke breaks. These breaks were typically scheduled during work hours, and employees would use these periods to take a smoke break. However, times have changed. With fewer smokers and fewer places that allow smoking, employers are less likely to permit these unofficial breaks.
As we mentioned, several businesses in an industrial park nearby do not even permit smoking on their premises. They maintain only formal breaks, which are not for smoking. Occasionally, you might see employees hopping in their cars to drive off the property to indulge in a cigarette.
Legal Considerations
Employers have the legal right to deny smoke breaks. There is no obligation for employers to permit such breaks, and they can set their policies accordingly. For instance, there are businesses that do not allow smoking on their premises. These companies provide breaks but do not designate them specifically for smoking.
Employers can deny smokers "extra" or longer breaks than non-smokers receive. In some cases, employers can even initiate smoke-free campuses, which means they can deny employment to smokers. These policies have been legally challenged but upheld in court, as cigarette smokers are not considered a protected group. Self-insured companies, in particular, have more leeway in this regard.
Employment Conditions and Rights
Most employment conditions explicitly stipulate breaks at certain intervals and durations. Employers are generally concerned with productivity and efficiency rather than how breaks are taken. Smoking during breaks is not permitted in shared company vehicles or machines due to safety and health concerns.
From a legal standpoint, employers can deny extra breaks or longer breaks to smokers. However, they cannot deny employees the right to a break. Employees can take breaks to relieve back pain, clear their heads, or simply take a moment to themselves. The focus should be on overall productivity and performance, rather than the methods employees use to achieve it.
Ethical Considerations
While legal considerations are important, ethical considerations also play a significant role. Employers should weigh the importance of productivity and efficiency against potential discrimination and adverse health effects. An employer's prejudice against smoking, if it overrides commercial judgment, can create a toxic work environment. Employees could approach this issue by having a quiet discussion about other unofficial breaks they take, such as prayer breaks, excessive toilet breaks, or constant phone calls from babysitters.
Employees might also consider asking for a review of productivity expectations or achievements. The key takeaway for smokers is that if an employer has a strong prejudice against smoking that overrides commercial judgment, then the work environment may be toxic. If this is the case, employees should evaluate their options and consider moving to a more supportive work environment.
Smokers can be denied employment, and if they are already employed, they are not entitled to special considerations, including extra breaks or designated smoking areas. They can also be charged more for insurance. These points are not opinions but facts. Employers can deny employees "extra" or longer breaks if they choose to focus on productivity and efficiency.
In conclusion, while employers have the right to deny smoke breaks, employees have the right to take breaks. Employers should base their decisions on productivity, efficiency, and overall employee well-being, rather than moral judgments or ethnocentric beliefs. If an employee feels unfairly treated, they have the option to seek a more equitable work environment or consider other employment opportunities.