Cleaning lady and smoking breaks

amother

Wed, May 05 2021, 12:44 pm

I have a cleaning lady who started working for me a few months ago. She is not the best but she is ok and it was pretty hard for me to find someone.

So, originally I thought she had bladder issues, she spends so much time in the bathroom. When she comes, before she goes, and at least once while here. (3 hours) Probably more. I am not watching her or timing her, I am usually busy working. Then a couple of weeks ago I found a strange item in the bathroom, and it turned out it was hers, an electronic cigarette. So I realised that she was actually taking smoking breaks.

Am I obliged to provide her with smoking breaks and pay her for this time? I did not time her but it could easily add up to 15-20 minutes over the time she is here.

amother

Sapphire

Wed, May 05 2021, 12:48 pm

She should not be smoking even e-cigarete in your house without your permission. And she for sure should not be leaving it lying around your home. Confirm if that's really hers though.

Either way. I just wouldn't want someone with that habit in my house.

amother

Wed, May 05 2021, 2:26 pm

I don't really want to fire her, unless I have a suitable replacement. But thanks for the info, I can now tell her that the secondhand smoke is harmful and she can smoke before or after coming. It is definitely her who is smoking. She admitted it, but claims it takes "no time" and doesn't leave a smell. I confronted her today, just wondering what is normal regarding smoking, and employees. I guess she might ask if she can smoke in the garden. I can also tell her I dont want my kids to see someone smoking.

singleagain

Wed, May 05 2021, 2:30 pm

amother [ OP ] wrote:

I don't know about private. But in my store I think you have to clock out for a smoke break.

amother

Cobalt

Wed, May 05 2021, 2:36 pm

If she’s not a legal worker than there are no legalities surrounding her breaks.

I would make up only x smoking breaks with her they need to be outside.

moonfrau

Wed, May 05 2021, 2:40 pm

I think that you can bring up the issue with her and maybe ask if she can take breaks outside and be more careful to not leave her ecigarette out. But it's also true that lots of ecig smokers are actually using their e-cigarettes as a way to incrementally heal from a cigarette/nicotine addiction. So I feel bad for her as well because if that's the case, it's really tough to go through those withdrawals that happen when she doesnt take it. (All speculation!) But yes I think making a clear schedule with her would be best. I hope it works out Heart

amother

Vermilion

Wed, May 05 2021, 2:56 pm

amother [ OP ] wrote:

Ok, this is exactly my cleaning lady, only I never found an e-cigarette but DH always complained there was a weird smell after she used the bathroom.
Does her name begin with an F?

amother

Wed, May 05 2021, 3:00 pm

Vermilion, probably not. Her name begins with M and I don't live in the USA, assuming you do. She is a legal resident of my country, but I dont pay her on the books. (I guess she could choose to declare her income...)

amother

Firebrick

Wed, May 05 2021, 3:02 pm

amother [ Cobalt ] wrote:

If she’s not a legal worker than there are no legalities surrounding her breaks.

I would make up only x smoking breaks with her they need to be outside.

That not true.

amother

Wed, May 05 2021, 3:02 pm

moonfrau wrote:

I would have no problem her taking (unpaid) breaks outside. Not sure I should be paying her to kill herself, or spread polluting and dangerous particles over my house.

amother

Firebrick

Wed, May 05 2021, 3:03 pm

amother [ Vermilion ] wrote:

Ok, this is exactly my cleaning lady, only I never found an e-cigarette but DH always complained there was a weird smell after she used the bathroom.
Does her name begin with an F?

were you looking in her purse?

amother

Wed, May 05 2021, 3:05 pm

amother [ Firebrick ] wrote:

That not true.

I looked up the law here, smoking breaks are not a legal requirement. Breaks are only required to be given after 4.5 hours and do not need to be paid.

amother

Firebrick

Wed, May 05 2021, 3:07 pm

amother [ OP ] wrote:

I looked up the law here, smoking breaks are not a legal requirement. Breaks are only required to be given after 4.5 hours and do not need to be paid.

what I was responding to was the comment that if the worker is illegal, any labor don't apply to her.

amother

Vermilion

Wed, May 05 2021, 3:13 pm

amother [ OP ] wrote:

Right, I live in the US and had the exact same issue. I ended up letting her go because the work was not getting done with all the bathroom breaks.

amother

Firebrick

Wed, May 05 2021, 3:34 pm

amother [ Vermilion ] wrote:

No. Why?

the comment about not finding an e-cigarette. it wouldn't be something you would normally find unless you were looking for it ... but I understand now the context of OP finding one in her bathroom (left their accidently by the cleaner).