Cigarette break?

Question

As a small employer, am I obliged to give an office junior a break to go out for a cigarette. She works 9 - 5pm with 1 hr for lunch (not continuously on pc). As a small family office we take tea breaks whenever, but have noticed her making excuses to leave and go into our 'yard' for a ciggy !

Answer 1

Cut her lunch to 1/2 hour and give her 2 15 min breaks to smoke

Answer 2

Everyone needs a break every hour or so - it's the body and brain's way of refreshing itself. When I worked in an office I had one ciggie break at about 11 (lunch from 1-2) then another one at about 4 (finish at 5.30). I only took about 5 minutes and used the time to stretch and breathe (as well as have a cig). If you're having tea breaks, isn't she entitled to a cig break as well? As long as she's not abusing your trust, let her be. Maybe you could stipulate the times she takes her breaks.

Answer 3

An employee aged 18 years or over is entitled to a 20 minute undisturbed break for every 6 hour shift they work.

They are also entitled to 11 hours rest between each work day and are further entitled to one full day off each week.

An employee aged less than 18 years old (from the minimum age of leaving school) is entitled to a 30 minute undisturbed break for every 4.5 hour shift they work. They are also entitled to 12 hours rest between each work day and are further entitled to two full days off each week.

Here in Florida most employers allow 30mins for lunch unpaid and two paid 15 minute breaks for an 8 hour shift.

I see a lot of responses on here saying that no you should not give her a break and that is wrong. By law you are required to give your employees breaks throughout the work day. What the employees do on that break (smoking or otherwise) is not up to the employer.

Answer 4

You could have a no smoking policy which has an exclusion zone of so many hundred meters from the premiter fence, lots of local authorities do this.

You could also ask her to record the time each time she goes out for a cigarette and then get her to reduce her lunch break or work that time extra after five.

Answer 5

Hmmm..
You arte the boss, you are the one who is paying so you are the one who makes the rules.
I’m an ex-smoker and I know first hand how important a smoke is to a smoker and how damaging it is to health as well. Let’s put the righteous crap aside and focus on business on hand. If her breaks do not interfere with her performance, coworkers do not gripe and customers do not complain then there is no issue. Also as you know we need a break of about 5-10 min every hour, depending on work load, stress and so on. Lack of break time does impede the performance. Bottom line you are the boss.

Answer 6

I work in a small office and I am the only one that smokes. I go out for a smoke 3 times a day. We do not take lunch as we only work 8 hours.

I do not take the standard 15 minute break. I just go out and have my smoke and come back in.

Answer 7

Small family business or not - it's irrelevant to the situation. She is being paid by the hour - get your hours worth out of her. 30 minute lunch plus 2 - 15 minute breaks - that's it. She can eat, smoke, go to toilet, go for a walk, whatever she wants- But the rest of the time she is taking care of the business at hand. If you notice she needs more work to keep her occupied then find it and incorporate into her daily routine.

Answer 8

So long as she's not slacking in her work and doing everything expected of her to your required standards i wouldn't see this as a problem, if however she's not pulling her weight etc then I would limit her smoke breaks or give her shorter lunch and 2 10 or 15 min tea breaks maybe?

Answer 9

Obliged? Perhaps not. I'm a smoker & would accept a offer to reduce my lunch by 20 minutes for a 10 minute morning & afternoon break.

Answer 10

She can have a cig when you have tea breaks otherwise she has more breaks then anyone if you add up all the time she is away from the desk smoking it works out to be a lot and all the guys and gals that dont smoke are at there desks a lot longer!!!

Answer 11

I just tell them that you have made a decsion that you are making a non smoking policy as its up to you to decide.And see what they think of that when the law does properly come into place about where and when you can smoke im sure they can make an effort not to smoke,being a smoker myself i dont smoke during the day at all i just smoke in the evening and itmaybe 4/5 that i smoke.