Human Resource Blog

Where HR Professionals Seek Answers

A Practical Source For Your Daily HR Needs.Lets Build An HR Blog Community Together! Want To Share Your HR Knowledge Or Gain Knowledge Through Other Professionals?Lets Discuss HR!

Oct31

Texas Smoking Breaks

Benefits
Total Compensation Summary
Performance Improvement Plan
Performance Appraisal and Review
Employee Payroll Status/Change Form
Employee Change Form
HR Management
Confidential Employee Folder
Confidential Employee Medical Folder
Job File Worksheet Folder
Daily EEO Applicant Flow Log
Workplace Information Sheets
Request to Inspect Personnel Files

How many smoking breaks is an employer in Texas legally required to give an employee, per day?

Smokers aren’t entitled to any smoking breaks. No law, either federal or state, mandates that a smoker in the state of Texas get a single smoking break. Employers may set any policy on the matter that they prefer. They may eliminate smoking breaks entirely.

The question arises as laws arise making smoking indoors, including the workplace, illegal. That means smoking time is time away from the job – unproductive time, in short. It has become an issue.

Some companies, of course, have policies that allow for a lunch break of a half-hour or more, and two coffee breaks of 15 minutes each, in the course of an 8-hour working shift. Smokers may use these times to indulge in their addiction if they wish. Polices may or may not be in writing, and smokers would be well advised to follow those policies.

Some employers limit smoking breaks. They ask that smokers take no more than 5 or 10 minutes and limit them to 3 to 5 times a day. That’s not unreasonable, considering that it amounts to 15 to 50 minutes a day of unproductive time. Meanwhile, non-smokers are putting in productive time.

And some union pacts have gotten break guidelines into contracts.

What may not be well known is that in Texas and other states no law, whether federal or state, mandates that a worker be given any break time during the work day, even for lunch. As long as the worker is over 18 years old, an employer could make that employee work for 12 hours or more without a break of any kind.

The Fair Labor Standards Act of 1938 requires employers to pay workers for any breaks that are less than 20 minutes long. A smoking break of 10 minutes, therefore, is paid, unproductive work. An employer could in theory require the smoking break to be 20 minutes long and demand that workers clock out during that period. But the same would have to hold for non-smokers. It would be a serious erosion of productivity. JH

This entry was posted on Wednesday, October 31st, 2007 at 5:59 pm and is filed under
Benefits, Human Resources Management.
You can follow any responses to this entry through the RSS 2.0 feed.
You can leave a response, or trackback from your own site.

« Previous Entry
Next Entry »

6 Responses to “Texas Smoking Breaks”

  1. Daniel Mendez Says:
    August 27th, 2008 at 5:59 pm

    At first Everyone was told that there was a no smoking policy throughout the plant. Then one day I decided to make a complaint to my foreman about the issue I had with smokers carelessly not respecting my area, especially after they had known how I’d felt on the issue.I told my foreman that,”if he did not adress the problem”, that I would be forced to turn in a two weeks notice.He decided that he would bring it up at the next meeting. Well!!, he did in their favor, and now everyone smokes all the time,without regard. And I truly believe he went in their favor because of the fact that he was afraid to lose any of the productive smokers,over just one persons complaints, and one loss is better than two or more. I’ve made several complaints, up til even,a few months ago whenI finally got tired of making complaints.I would like to know if my rights have been violated,and if, have case for putting up with this crap for 10 long hard years.

  2. Caitlin Says:
    August 28th, 2008 at 8:51 am

    Hi Daniel! This is a tough situation. It sounds like you are the lone non-smoker in a plant full of nicotine hounds! Unfortunately, the employer set the no-smoking policy and can change it if they like. If it’s any consolation, many states including Ohio, New York and Illinois are outlawing all smoking in the workplace. It is probably only a matter of time until your state does the same. Thanks for reading the blog! ~ Caitlin

  3. Maisie Ellender Says:
    March 4th, 2010 at 10:12 am

    Hi, there. I would suggest you continue writing more posts, this would make your blog even more interesting, plus I guess you will get more visitors.

  4. Caitlin Says:
    March 28th, 2010 at 8:46 am

    Thanks Maisie!~ Caitlin

  5. Shelli Says:
    July 28th, 2010 at 4:20 am

    I have a couple of questions regarding smoking in the work place. First off, is it legal to fire someone if they clock out to go outside and sit in their vehical to smoke? Second, can your place of employment refuse you to go outside during a given break. Oh, one more question. If they allow one person to take a 15 minute break, then are they required by law to treat each employee the same and give them the same 15 minute break. Thanks for ANY legal reply. Shelli

  6. Caitlin Says:
    July 28th, 2010 at 6:45 am

    Hi Shelli! Yes, an employer can fire an employee who clocks out for an unauthorized break to smoke. Any property owner can also prohibit smoking, including smoking in the parking lot, and terminate an employee who violates this policy. An employer can require that employees remain on the premises during breaks in Texas. An employer who gives one employee a 15-minute break and not others may be guilty of illegal discrimination. (There might be an exception if the employee has a disability under ADA.)

    Many employers including hospitals prohibit smoking by employees at any time, anywhere on the premises. This is legal. HTH, and thanks for reading the blogs!~ Caitlin

Leave a Reply





  • [ Back ]

    • Spam Protection by WP-SpamFree

Home Ask a Question Archives

© 2008 HumanResourceBlog.com, All Rights Reserved