What would you do?

[MSPW11]

We have a ‘No Smoke Break’ policy. Yesterday an employee (a shift leader) asked our manager to go for a smoke break and the manager allowed it. Another employee ratted them out because she was denied a smoke break a couple of days prior.

We used to allow smoke breaks (one per 4-hour shift), but the employees were taking advantage of it and going several times per shift. We stopped the smoke breaks and told everyone that if they went outside for any reason during their shift, we would consider that abandoning their job and they could get fired.

So who gets in trouble here? The manager for allowing it, the employee for asking and doing it, or both?

 

[d9phoenix]

Sit them both down together and re-inform them of the policy. And if it happens again the policy will be enforced on both of them. Period.

 

[URNUTS]

The employee, to a certain degree, but really the manager.
They’ll push and push, test the boundaries, etc… but the manager allowing it was the real issue.

 

[durbancic]

Do they clock out or break out during their smoke break? If so, they are doing you a favor by lowering your labor. As long as there isn’t pressing business to attend to, let them take their break off the clock. Then they will not abuse it since they aren’t getting paid.

 

[MSPW11]

Do they clock out or break out during their smoke break? If so, they are doing you a favor by lowering your labor. As long as there isn’t pressing business to attend to, let them take their break off the clock. Then they will not abuse it since they aren’t getting paid.

durbancic,

they were clocking out, but it was a paid 10 min break. Now they are not supposed to be breaking at all. She did not clock out for this particular break yesterday.

 

[Steve.L]

durbancic,

they were clocking out, but it was a paid 10 min break. Now they are not supposed to be breaking at all. She did not clock out for this particular break yesterday.

Source: https://www.dol.gov/whd/regs/compliance/whdfs22.htm

Rest and Meal Periods:
Rest periods of short duration, usually 20 minutes or less, are common in industry (and promote the efficiency of the employee) and are customarily paid for as working time. These short periods must be counted as hours worked. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer’s rules, and any extension of the break will be punished. Bona fide meal periods (typically 30 minutes or more) generally need not be compensated as work time. The employee must be completely relieved from duty for the purpose of eating regular meals. The employee is not relieved if he/she is required to perform any duties, whether active or inactive, while eating.

 

[pizzapiratespp]

You really need to check your state laws on this as they may be different. Smoking is really out of fashion I my neck of the woods. We have 150 employees and I only know of 1 that smokes. I think he smokes on the way back from delivery. He is very discreet about it.