update: my employee says I have to give her longer breaks because she’s a smoker

by Alison Green on April 9, 2025

Remember the letter-writer whose employee said they needed to give her longer breaks because she’s a smoker? Here’s the update.

Update on my employee who is a smoker and requested extra break time due to her disability.

First, wrong terminology on my part was used when I wrote in. The campus is non-tobacco use, not just non-smoking.

Second, Deleana is an excellent worker other than her tardiness in coming back from breaks.

I did ask my other employees if they would prefer one long 30-minute break or two shorter 15-minute breaks. 100% of the other employees (I didn’t ask Deleana) prefer having two breaks, so the break policy will stay the same.

Deleana did come back with a doctor’s note for her disability. Apparently, she was in a serious car accident years ago and shattered her knee. Due to this, she is limited on how fast she can walk/run. The note involved an accommodation allowing extra time to complete tasks where she has to walk an extended distance. I explained to her that if I had an issue with how long it was taking her to walk from the back of the store to the front to greet a customer, this would apply as it is related to her job tasks. I have no issues with her on this. Going to her car to have a smoke break is not a job-related task so the note doesn’t apply. I told her she is a great asset to the business and team but disciplinary action would be taken, including termination, if the tardiness continues. Obviously, it did not go the way she wanted and said she would take steps to correct the issue.

The first step was when she came into work chewing nicotine (?) gum. I had to remind her, per the employee handbook, that no food or drink (including gum) is allowed out on the sales floor. Then she started using the nicotine patches, but she has said it was making her “agitity” and doesn’t like them, so quit using them. Starting this week she will be gone for two weeks as her daughter is having a baby. A few days ago, we were talking about this and she mentioned that having a grandchild would be a good excuse to quit smoking and planned on going “cold turkey” when she left to go to her daughter’s house. I wished her the best of luck in quitting smoking.

As of now that is where it stands. In a perfect world she comes back as a non-smoker and I hope she does.

Note from me: the nicotine gum might actually be considered a reasonable accommodation under the law, unless there’s a genuine work-related reason she can’t use it (for example, if she works around fragile textile fibers or similar, but not just because you generally don’t permit it). It’s worth running that by HR or legal counsel.

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{ 217 comments }

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  1. WellRed*

    Seriously. Unless there’s an actual reason for the policy, let her have the gum. I say this as someone who someone who loathes gum chewing.

    1. Fluffy Fish*

      Agree. There’s a time to enforce policy and a time to be understanding and flexible. You also don’t have to have someone formally request an accommodation to be accomodating.

      OP its temporary and she’s trying. THIS is the time for grace.

      1. Observer*

        OP its temporary and she’s trying. THIS is the time for grace.

        Yup.

        I am like @WellRead, and really dislike gum chewing. But I’d never judge a someone who is chewing gum as long as they were reasonably polite about it (so no bubbles, sound effects, etc.) And it’s worth trying to extend yourself a bit to help someone quite smoking.

        And that’s on top of the fact that Alison is correct that this might actually be required under the law, as accommodations that help someone quit using an addictive and harmful substances are mostly covered under the ADA, as long as they don’t endanger anyone of have an undue impact. The most common example of a “reasonable accommodation” is allowing someone to take time to go to therapy of addiction support meetings. But I would be willing to bet that a policy exception of this sort would also fall under that rule.

      2. NotAManager*

        This x1000. I understand not wanting to give the employee an extended break time on principle, but banning the gum seems punitive. Cold turkey isn’t always the best approach for breaking an addiction to nicotine (and as a non-smoker from a family of smokers, I know how incredibly difficult it is to quit smoking even when there is a genuine desire), this is a more than reasonable compromise.

      3. Bitte Meddler*

        Just a quick note that nicotene gum (or lozenges) aren’t always temporary. My mom has been sucking on nicotene lozenges for almost two decades. Lost all of her teeth because a lozenge is in her mouth 24/7 [yes, she falls asleep with one in her mouth even though it’s a choking hazard].

        But, hey, she’s not smoking, so at least it doesn’t affect me or others.

      4. Ellie*

        100% agree, quitting smoking is no easy thing. I’d be giving her as much support as possible.

        Although I shuddered a bit when she said she was going cold turkey when visiting her new grandchild. Smokers who are quitting are not the easiest people to deal with. That poor woman!

        1. Kate T*

          How does one’s person’s bad choices/habits aka smoking is now a problem for the rest of us at the office? Would we give this much grace to another drug user cause after all, nicotine is a drug.
          C’mon let’s face the stark reality: she doesn’t get a longer break because of her bad life choices. But Kudos to her for asking for everyone to make a exception for it. Bravo.

          1. Dahlia*

            I hope deeply people give grace to drug addicts who are actively trying to get sober. They could use it.

          2. Nina*

            Would we give this much grace to another drug user

            You know, I would really like to think so.

          3. amoeba*

            I mean, yes, I most definitely would give grace for somebody struggling with addiction and trying to become clean? How is that even in question? I assume it might even be under ADA, no? (Not American, so not super clear on those things…)
            Also, “bad life choices”? FFS, addiction is a disease. Let’s try to help people instead of making it worse by blaming them.

            1. MigraineMonth*

              Particularly since for many, the initial “bad life choice” that led to addiction was taking medication as prescribed by their doctor (opioid epidemic), taking part in any of the hundreds of different social events where consumption is expected (alcohol), or accepting what they were given at their job by their government (the US military gave free cigarettes until 1975 and still sells untaxed ones to its soldiers).

              “Here, take this, it’s fine.” “How could you have trusted us that it was fine? The consequences are now your fault.”

          4. NotAManager*

            Yes, I would hope that someone who’s trying to kick any kind of serious addiction would get grace.

          5. Fluffy Fish*

            Uh yes we should treat all people with empathy and give grace where we can. People make bad choices and are flawed. It’s human nature and that includes you – you are flawed just like everyone else because you are a human being.

            I’m not sure how to explain to you that we should be kind and extend empathy to others.

            It’s wild you think allowing someone to have a piece of nicotine game while working is some crazy amount of grace being extended.

            And yes a drug user who for example needs time off or a flexible schedule to go to a methadone clinic or attend therapy should absolutely be given grace and accomodations.

            ALso confused how on earth is chewing nicotine gum a problem for the whole office?

            1. MigraineMonth*

              There have even been letters about employees who are particularly irritable or distracted while quitting, and Alison’s advice has been to extend as much grace as possible during a difficult time for the employee (though not allowing the employee to actually be abusive or stop doing their job, of course).

          6. C*

            I don’t know about you, Kate, but I prefer to be kind. So yes, if I knew somebody was in the difficult process of recovery from a more serious drug addiction I would try to be compassionate.

    2. Caramel & Cheddar*

      Yeah, this feels like adhering to the letter of the law in the handbook while probably not the spirit of what needs to be happening here. The gum helps solve the problem of long breaks. Take the win!

      I am curious if this is a case where LW isn’t in a position to allow for exceptions to the policy without permission from above, but if that’s the case then the answer is to talk to someone about it rather than ruling out an easy solution.

    4. Arglebarglor*

      Also, you don’t really “chew” nicotine gum. You chomp it a few times and then park it between your cheek and gum for 30 mins, like a snu. It’s small and hard and doesn’t taste great so there’s not a lot of chewing or bubble blowing or gum cracking or any of the other habits that come with traditional gum chewing.

    5. Not Bill but Billie*

      Adding my vote to this. Any reasonable thing that can be done to help a smoker quit is worth doing.

    6. Anita Brayke*

      This. It looks like your employee is making an effort in this situation, but your policies are shutting her down (I’m assuming that she is also not allowed to bring her cigarettes into the store and leave them in a purse/locker, so she would have time to smoke without returning to her car, too) at least frequently. It would be nice to cut her some slack, especially since she is a great employee otherwise.

      1. WheresMyPen*

        She wouldn’t be able to smoke without returning to her car because the whole campus is a smoking/tobacco-free zone.

      1. Dahlia*

        You realize she meant “agitated” and that people sometimes use an incorrect word?

      5. TeaCoziesRUs*

        I actually love this word! It describes how it’s making you feel pretty perfectly. I might have to add it to my silly word bank for future use. :)

    8. iglwif*

      Seriously!! This feels like the employee actually making an effort, and I would think OP would want to encourage it.

    9. WheresMyPen*

      And if it’s an issue that she wants to smoke on her break, can’t she just chew the gum on her break when she’s not on the shop floor? Wouldn’t that help her cravings if she can’t smoke during her break?

      1. Fluffy Fish*

        As a long ago smoker, not necessarily. Since it’s designed to make you quit, it’s not the same hit to the brain as smoking. The idea is to taper so theoretically, eventually yes, doing it on breaks would probably align. But in the beginning that likely wouldn’t be enough and as others have said, depending on how addicted the person is, they may never be able to stop using nicotine therapy.

    10. MCMonkeybean*

      Adding another voice to the chorus here! Deleana was very unreasonable in the initial letter, but chewing gum to help her quit seems like an extremely reasonable step to take that is beneficial to all parties and should be supported! If the patches worked just as well then that would be cool, but if the gum works better for her please support that! As long as she’s not rudely smacking it in customers faces and sticking the used gum under the table or anything then this seems like an easy win.

  2. TracyXP*

    I get that you don’t want to see the salesperson smacking gum while on the floor, but not allowing her to chew nicotine gum when she’s using it to fix the long breaks just seem so petty.

    2. Tiger Snake*

      She can’t smoke except in her car, she can’t have longer breaks to accommodate needing to get to her car, she can’t use the ‘addiction fixes’ that actually work for her (some people even find chewing regular gum helps when quitting smoking, I know)-

      I don’t know if “petty” is the right word for how I see it, but its not the wrong word either. It feels like LW doesn’t really understanding the difficulties of smoking or trying to quite smoking beyond the basic ‘it’s hard’ – which is understandable because she doesn’t smoke herself – isn’t really interested in learning, and isn’t having a full conversation with Deleana. I get the feeling LW is seeing each of these things as isolated incidents and addressing them in the moment, instead of looking at the bigger picture, asking Deleana what her end goal actually is and what she needs to get there.

      1. Hot Flash Gordon*

        Quitting smoking is insanely difficult, especially if you’ve been smoking for a long time. I quit in 2011 after smoking for 16 years (I was up to nearly 2 packs a day) and tried all the things – hypnosis (didn’t work), patch, gum (was gross and gave me the worst stomach ache), nicotine inhaler…nothing worked until I got on Chantix. If a smoker wants to quit, they need all the support they can get so as to increase their chances of success. Most smokers attempt to quit 4-10 times before they kick the habit. If you can, I’d just let her use the gum if it works for her. Quitting cold turkey is super difficult and your employee will probably experience a lot of withdrawal symptoms that aren’t conducive to being great with customer.

      2. Chas*

        I agree, I already thought LW was being persnickety by insisting that time to go to the one place where the workplace rules let her smoke doesn’t qualify for a work accommodation. It feels very much like this is more about LW’s feeling about smokers and not about the workplace impact it might have. I suspect that if Deleana had been a non-smoker and had asked for longer breaks so she could go for a nicer walk or get to a shop for food or something, she’d have been allowed.

        Also, I don’t see anything mentioned in the letter to say why all the employees need to have the same break structure. Why can’t Deleana have one 30 minute break, and the other employees have two 15 minute ones, if that’s what they prefer?

        1. ConlanMetalRose*

          Wait what? Are you letting everyone have additional time on their break in that case? Because Deleana’s choice to smoke doesn’t qualify as a work accommodation for the reasons identified in the letter. Per the original response from Alison: Smoking is not considered a disability under the Americans with Disabilities Act (ADA), nor is it protected under that law.

          And if she gets additional time to smoke (which is how every other employee who doesn’t get that time is going to look at it as), LW should anticipate a decent amount of resentment from the staff who isn’t getting the same additional “perks” because they don’t smoke or have the issues Deleana has with regard to her knee.

          And as a secondary point, if the campus was already fully smoke-free prior to Deleana being hired, it was something she should have taken into account when going for the job. I don’t think LW is being persnickety at all, she is enforcing the workplace requirements. Where I think LW is wrong is with regard to the gum use. Alison is clear that we should take the LW at their word and not invent scenarios, which is exactly what you are doing here and speculating based on a theory that has no facts in evidence to support it with regard to perceived bias towards smokers from the LW.

          In terms of the break structure, that may be another way for LW to make an adjustment, but generally, break structure, in my experience, is consistent across the board, unless it is a reasonable accommodation worked out between the employer and employee.

          1. Tiger Snake*

            You misread Chas.

            Everyone gets two 15 minute breaks – a total of 30 minutes 0 during their workday.
            Deleana wants to have ONE break, and use up that full 30 minutes in one go. She’s not asking for extra breaks, she’s not asking for extra time, she’s asking for the breaks to be merged into one.

            And we haven’t been given a reason for why Deleana can’t do that; why everyone must use the same break structure instead of picking between the two options. Without a real reason as to why its not possible and the affect it actually has on their deliverables, it makes it sound like LW is being difficult just because Deleana is a smoker and that they somehow feel inside that its morally justified to punish her for that.

            1. TeaCoziesRUs*

              This is how I feel, as well. Yes, he current crew prefers two 15-minute breaks, and that’s fine! But what if she hires someone who has a new puppy at home, needs to go home to eat because of medical reasons, wants to nurse a new baby at home, etc.? Hell, just someone who prefers one long break because they can catnap or actually unplug?? What if one of OP’s other fantastic employees needs 30 minutes instead of 15?

              I can see where managing a schedule could become a hassle, but offering the flexibility of either/or is going to be a boon for more than just Deleana.

        2. fhqwhgads*

          I strongly disagree about this “time to go to the one place where the workplace rules let her smoke doesn’t qualify for a work accommodation”. That was the whole point of the first letter.
          I disagree with LW about the nicotine gum. But otherwise I think LW was very reasonable here. The original read like Deanna wanted multiple 30 minute breaks. And was already taking them despite being told it wasn’t OK. So offering any other break-related thing is basically rewarding bad behavior.

          1. Llama Wrangler*

            I read that in the original letter but in the update it seems like Deanna wants one 30 minute break, but because the other employees did not want a 30 minute break, the OP wants to keep the break schedules consistent and isn’t willing to give Deanna one 30 minute break if everyone else prefers two 15 minute breaks.

    3. iglwif*

      Agreed. Also isn’t nicotine gum supposed to be like … held inside your cheek, or something, rather than constantly chewed? I’ve never smoked but I know people who have used nicotine gum to quit and IIRC that’s what they told me.

    4. Ipickedthewrongdaytogiveupnicotine*

      You don’t chew nicotine gum like chewing gum (or at least you’re not supposed toO. You crunch it to release a little nicotine and the tuck it up between your cheek and gum. A few minutes later you repeat this. And every few minutes thereafter. But it should never be chewed like conventional gum and never more than a piece at a time. So no smacking the gum or blowing bubbles. If used properly. If chewed like chewing gum you’d get an incredible surge of nicotine (ask me how I know…).

      It sounds like she might have been using too strong a patch if it was making her agitated.

    5. I'm just here for the cats!!*

      My thought too. Especially if they allow something like cough drops for someone who has a sore throat.

    6. Brendon*

      Nicotine gum typically isn’t chewed like normal gum. Per the usual instructions, you simply bitte into it, give it a few chews to soften it up and then “pack” it between your gums and cheek/lip, similar to chewing tobacco. Chewing it like regular gum just releases all of the nicotine at once, you swallow it all, nothing is absorbed through the membranes in the mouth and you end up with a stomach ache. If she’s doing it right, you shouldn’t notice it at all.

  3. Beth*

    I’m crossing my fingers for her! Quitting is hard – it’s obviously what needs to happen here, but given that she seems to be really trying to figure out how to meet the job requirements, I have a lot of sympathy for her struggles. I hope some combination of quitting or cutting back/nicotine patches/nicotine gum will get her through.

    2. Hot Flash Gordon*

      It’s so, so hard. I’ve been quit for 14 years and I still dream about smoking. I didn’t want to quit (I loved the whole ritual around smoking) but my aunt died from lung cancer and it wasn’t a peaceful death. It was a difficult process and now, whenever I think of smoking again, I just remind myself about how hard it was for me (I used Chantix – which was a miracle drug for me – but the side effects weren’t that fun).

      1. NoName*

        Same. I quit nearly 25 years ago and still have dreams about smoking. And if I’m ever at the bitter end of something terminal, I’m buying a carton of Pall Mall straights and smoking every single one.

        1. Hot Flash Gordon*

          Oh for sure…unfortunately my brand was discontinued (RIP Camel Special Lights) and the only other brand I liked were Parliments (and were still not that great).

      2. AF Vet*

        I was shocked that my dad was able to quit cold turkey. He’d smoked since he was 14, including a career in the military. He always told me that when he was ready, he’d quit cold turkey. I didn’t believe him until he did. He ended up in the hospital for a few days with pneumonia, and was diagnosed with COPD a few years back. He’s been cigarette free ever since.

        I get my mulish stubbornness from somewhere… I think I know where. :)

  4. JustCuz*

    I don’t like how OP isn’t willing to meet this woman, like, anywhere on this. Not even the nicotine gum? DO you have any idea how hard it is to quit smoking? I dunno, maybe I am being a little hard here since I am an ex smoker and understand how it rules your entire life, how people blame you for the addiction, and how life consuming it was to quit. But really, you need to meet this woman somewhere here.

      1. A Simple Narwhal*

        Agreed, it seems like letting an otherwise excellent employee chew nicotine gum is a reasonable accommodation.

        Does she even need to chew it all day too? I admittedly don’t know how it works and I’m sure it’s different for everyone but if she just needs the gum to get through her breaks or sporadically throughout the day it seems like an even smaller ask.

        1. A Simple Narwhal*

          OP responded (under the username “Jim”) and clarified that Deleanna was not necessarily chewing nicotine gum but regular gum, which is potentially a different story depending on how much she’s interacting with customers and since I’ve since learned that nicotine gum isn’t actually chewed. Knowing that it seems OP’s response was maybe a little less petty than initially thought.

          It could still be petty (and OP admits they are very anti-gum) but not wanting a salesperson working with customers chomping noticeably on gum all day is a different story than not wanting them to put nicotine gum in their cheek just because rules are rules.

          1. RIP Pillowfort*

            Oh yeah. I love bubble gum but even I know you can’t sit there chewing it all day for customer facing rolls.

            I still think OP needs to talk about actual accomodations. The nicotine gum is easier to access and use now so really I would push that use. I think there’s even lozenges now which is even more discreet.

    3. Paint N Drip*

      It’s unfortunate that the established dynamic is ’employee’s smoking habit is impacting her ability to do the job fully and effectively’ although I understand why it is. If employee had been trying to quit smoking and it didn’t have any of the other baggage, I wonder what OP might be willing to accommodate?

    4. RIP Pillowfort*

      I mean the original request from Deleana about getting a doctor’s note for her breaks was pretty ridiculous.

      But I agree this feels way too rigid. I have worked sales floors and there were always carve out exceptions for people that needed food or drink for medical reasons. I would get dehydrated and was allowed a water bottle behind my counter. Quitting smoking is a great thing for her and being flexible about the gum would help. It’s not even like chewing gum so visually wouldn’t be an issue.

      1. A Simple Narwhal*

        Oh really, is it more like you just hold it in your mouth like a mint? It’s even less of an ask than I thought if you’re not even visibly chewing it. I think LW should really be willing to accommodate the gum for an otherwise exceptional employee even more than I originally did when I thought it was used like regular gum.

        1. I went to school with only 1 Jennifer*

          A friend of mine uses the gum, and yes, she chews it. Not sure what Pillowfort is saying here.

          1. I went to school with only 1 Jennifer*

            And now I’m totally retracting this, based on other folks’ comments. I should ask my friend how she actually does it. (She got hooked on nicotine when we were like 13, smoked for decades, and switched to gum about 20 years ago.)

            1. RIP Pillowfort*

              No worries. I assumed you thought I meant no chewing at all. Which you do chew to activate but you can do it very discretely so it’s not like smacking gum.

          2. RIP Pillowfort*

            I’m saying it’s not like chewing normal gum. You bite it then park it in your mouth to let the nicotine absorb. Then when it’s worn off, you bite again. Rinse repeat every 2 hours I think it was?

        2. RIP Pillowfort*

          My mom used it unsuccessfully during her cessation attempts. You bite it and that’s how the nicotine is released. You kind of just hold it in your mouth like a mint between bites. She was customer facing and never got comments about it.

          They really just call it gum because it looks like that. I really wanted my mom to quit so I asked a whole bunch of questions about it, the patch, medications, etc. I think they make lozenges now too so there’s even more options.

    5. AnonAnonSir!*

      I feel like if Deleana hadn’t been quite so difficult around the smoking issue in the first place (the doctor’s note was definitely a bit ridiculous) OP might have been more open to giving slack on the gum thing. Which feels unfair – and I’m with you that the gum shouldn’t be an issue – but I guess when you do use up social capital on things like this, it can end up biting you.

    6. So they all cheap-ass rolled over and one fell out*

      I have never smoked and I think LW is being too harsh by forbidding the nicotine gum.

    7. Three Flowers*

      I’m genuinely curious: if you’re using nicotine gum, do you need it more frequently than a smoke break? Or could OP be thinking (rightly or wrongly) it’s reasonable for the employee to use it during her breaks and not on the floor?

      1. Nephron*

        Usually nicotine gum is to decrease the amount of nicotine to quit so I think it would be a lower hit.

    8. Wallaby, Well I'll Be*

      I’m with you, not allowing the nicotine gum is beyond petty. But, come on. An addiction to cigarettes is, in fact, your fault. It is not a disability. The smoke is a carcinogen and people have the right to be angry at smokers for subjecting them to it.

      1. Ask a Manager* Post author

        It is in fact likely protected under the ADA, meaning employers would be legally required to accommodate its treatment (just not the smoking itself) :)

      2. AnonymousOctopus*

        Obviously no one should smoke and it has damaging effects to all exposed to it, but people with mental health diagnoses are way more likely to pick up smoking and become addicted. 70-85% of people with schizophrenia and 50-70% of people with bipolar disorder smoke. As someone with bipolar disorder who was a smoker, it’s a lot more complicated than saying it’s “your fault”. We are more likely to become addicted due to our brain chemistry, and we are not allowed to use some of the most effective treatments for smoking cessation due to our mental health conditions.

        More info here: https://nida.nih.gov/publications/research-reports/tobacco-nicotine-e-cigarettes/do-people-mental-illness-substance-use-disorders-use-tobacco-more-often

      3. Nephron*

        You have a right to be upset when smokers expose others. But it is an addictive substance, it is used by many to self-medicate a number of physical and mental health problems, and once you start you are going to struggle to stop.

        I have never smoked, my grandmother caused permanent damage to my mom smoking. But we cannot ignore the reality of addiction just because smokers can hurt others.

        1. PhyllisB*

          Yep. I have never smoked, but had to have a section of lung removed when I was 34, and it was caused by living with smokers.

      4. Dahlia*

        My mother was 12 when she started smoking. I have a hard time blaming a 12 year old for doing something stupid. I wish she would quit, but if I was angry at her about it, I’d be angry all the time and that just seems pointless.

        1. amoeba*

          Yup, this. People obviously start smoking for different reasons, but, for instance, a lot of them take it up as teenagers because it’s what all their friend do and you need to do it to be considered cool. Or you grow up with parents who are smokers. And so on. And of course, that doesn’t even include older people who maybe started back when Big Tobacco was still insisting it was all perfectly safe and maybe even healthy or whatever!

          If you want to blame somebody, blame the system, not the people who are doing *exactly* what a huuuge industry has been pushing them to do for the last several decades with all kinds of lobbying, advertising, etc.

      5. Hot Flash Gordon*

        Most smokers would agree that picking up that first cigarette was a choice they wish they hadn’t made, but the reasons behind picking up the habit are varied – from mental health struggles, social pressure, predatory advertising, etc – that blaming a smoker for their own addiction is counterproductive to encouraging cessation. It’s interesting that other addictions garner some sympathy from non-users but it’s socially acceptable to bag on smokers as if they’re committing some kind of war crime. The number of new smokers is on the decline and we should try to encourage people to quit without judging their decision to smoke. That ship has sailed and you’re only kicking someone when they’re down.

        1. Lellow*

          I imagine smokers get more dislike because of how nasty it is to everyone around them. People with an alcohol addiction at least aren’t spraying everyone within ten metres with beer.

          1. Nina*

            Given the absolute havoc and frankly violence alcohol addiction has caused in my family alone, not even to start on the deaths caused by driving drunk (some of which I’ve seen closer up than most people not directly involved ever will), I will 100% take smoking any day.
            If you do it outside and not around the kids (and all the smokers I know personally are super careful about that), ultimately you’re only hurting yourself.
            Alcoholism is not fucking comparable, and calling the damage it does ‘spraying people with beer’ is just offensive.

      6. glib_result*

        I don’t think the definition of disability (legally or colloquially) has anything to do with who or what caused the affliction. Someone who is disabled due to a car crash is disabled regardless of who or what caused the crash.

      8. thatsjustme*

        Given the way tobacco companies spent decades lying about the dangers of their product, and the way they continue to target young people, Black people, and poor people … and given the difficulty of quitting, which is exacerbated by things like poverty … calling someone’s nicotine addiction their fault is pretty ignorant. And, frankly, the concept of fault when we’re talking about addiction is a moot point. Addicts need support to quit, and it often takes multiple attempts.

        I don’t like being subjected to secondhand smoke either, but that seems really neither here nor there.

    9. Do You Hear The People Sing?*

      I have to say I agree with this. I was reminded of teachers I have worked with who never, ever give their students a break, no matter how much the poor kid might be struggling.

      “I’m sorry she’s having issues, but she owes me 136 journal entries!” type of thing.

      Not to pile on OP, but please think about what you’re doing and the outcome you want. You want to keep a good employee, and you want her to quit smoking. Let her have the gum.

    10. Crencestre*

      “How people blame you for the addiction” – well, yes!

      Was Deleanna born after 1978? Because the study establishing beyond a doubt that nicotine is addictive came out in 1988. Everyone growing up after that would have known that if you start smoking you. will. become. addicted. to. tobacco. Thus, everyone who started smoking after 1988 did indeed deliberately choose addiction. Deleanna’s tobacco addiction was self-inflicted. It’s great that she wants to conquer that addiction now, but it doesn’t absolve her of responsibility for having started to smoke in the first place.

      2. Another Kristin*

        Wow, I always thought that when someone gets addicted to one of the most addictive substances on Earth that just happens to be heavily marketed by huge corporations and is available everywhere, they deserve a little compassion and support, but what do I know!

        1. amoeba*

          Indeed. But I guess that’s exactly what late-stage capitalism wants us to do – blame the individual who isn’t “strong enough” to resist the constant temptation instead of, you know, the huge industry that creates that temptation in the first place.

          (Also, not really relevant, but I’d say if Deleanna is about to become a grandmother, chances are she actually *wasn’t* born after 1978…)

          1. C*

            Hm. If she was 20 when her child was born, and her child is 20 during this first pregnancy, then she would’ve been born in 1985.

            On the other hand, if both of them were 35 at the time of first pregnancy then she was born in 1950.

      3. Rex Libris*

        “Everyone” did not know anything. In 1988 smoking was a commonly accepted thing, and it was mostly regarded as probably not great for you, but not that big a deal. Society at large didn’t suddenly awaken to the seriousness of it because someone published a study.

        Judgmental much?

      4. Eldritch Office Worker*

        Were you around in 1978? Were you around in 2008? Because these things were *just* starting to be widely understood 20 years after that study came out and smoking was still hugely acceptable as a social activity until 10-15 years ago when a big shift happened.

        1. I Have RBF*

          I was 17 in 1978. No, it was not understood that smoking was addictive then. It wasn’t until the 90s, IIRC, that indoor smoking in restaurants and workplaces started to be restricted. My job at the time moved the smokers to a separately ventilated room indoors, then ultimately got rid of the room and pushed the smokers outside. The problem seen at the time was second hand smoke, and the damage it caused, not the addiction.

          1. amoeba*

            Indoor smoking in bars and restaurants didn’t become restricted in my country until the 2000s – and even then it was a *huge* deal!

      5. Hot Flash Gordon*

        How is judging someone for a decision they made when they were a dumb teen who wanted to look cool to their friends, or were trying to quit drinking and used smoking to help, or had mental health struggles, a productive thing to say to someone who is trying to quit (or even thinking about quitting)? As an ex-smoker, I knew that I was responsible for my choices. Most, if not all, smokers and ex-smokers know that and we don’t need the lecture.

      6. Nina*

        And you’re au fait with every 2025 and earlier study about every possibly harmful activity that you do and you know how to tell good from bad studies and tailor your behaviour accordingly? Or does it maybe take a while between a study being published and its contents becoming widely actionable general knowledge?

    11. Rex Libris*

      This. Also an ex smoker who tried multiple times to quit, and probably couldn’t have without the gum. The nicotine gum is a medication, and it is not the employee’s fault that it happens to be administered in a way that is visually similar to chewing gum.

    12. Hot Flash Gordon*

      My thoughts exactly. Here’s a lady who’d wanting to quit and needs a lot of support from those around her to keep it up. Taking that first step to being a non-smoker is a big deal and support is a big part of successfully quitting.

    13. MCMonkeybean*

      Yeah, I feel like maybe because she was struggling to set and enforce boundaries initially she feels resistant to give an inch on anything? I could kind of understand that instinct and can be prone to overcorrection myself, but this feels like a time to agree on an extremely reasonable compromise.

  5. jtr*

    Couldn’t she have just chewed the gum on her breaks, like she would smoke a cigarette? (don’t know anything about how the gum works nicotine-delivery wise)

    I gotta say, I think going cold turkey on smoking while helping new parents with a new-born sounds like a recipe for an explosion.

    1. Suffering Spoonie*

      That’s not how the gum works. You actually aren’t really supposed to chew it at all…you bite down a couple times to release the nicotine and then stick it between your gums and cheek. The nicotine is gradually absorbed through the mucus membrane of your mouth over time, hopefully lessening cravings over the course of the day.

      2. Not Tom, Just Petty*

        This is the comment I was looking for. Happy to second it. Nicotine gum doesn’t work like gum. So I am changing my vote from “good for OP setting guidelines for everyone and not giving in to a potential broken stair” to “you are wrong.”
        This was a very good compromise and a chance to show you support your employee and her effort to improve her life by quitting smoking.
        OP, you missed the boat on the one.

      3. Middle Managing Cog*

        That sounds, honestly, like it would be fine out on the floor, and a great accommodation.

      4. Rex Libris*

        And if it’s still like it used to be, it pretty much tastes like wax with pepper on it and a hint of old ashtray, so nobody is chewing it for fun.

    2. Paint N Drip*

      I was thinking the same re: helping with the baby, if nothing else the employee is bound to be busy but other than that… yikes! Good luck to all of them

    3. Bike Walk Bake Books*

      Smoking around a newborn sounds like something parents wouldn’t permit anyway so she’s going to have to cut back, at least.

  6. Bruce (not that Bruce the other Bruce)*

    I hope she does quit smoking for her own sake as well as her families… my dad smoked until my younger sister guilted him into quitting. But I also agree that nicotine gum could be a reasonable option.

  7. Velawciraptor*

    I’ve gotta say, I’m glad Alison made the note about the nicotine gum being a likely reasonable accommodation. There was no legitimate reason for OP to get snippy about it. Seems like OP is continuing to find a reason to find fault with an employee who is trying to be responsive to feedback.

    1. Jennifer Strange*

      I’m not seeing that. I’m seeing someone who is facing a situation for the first time (dealing with accommodations for a smoker) and made a mistake. Can we not jump on the LW for not realizing allowing gum in this situation would be a reasonable accommodation?

      1. Not Tom, Just Petty*

        In the end of “Charlie Wilson’s War” there is a quote from Charlie Wilson:
        “These things happened. They were glorious and they changed the world… and then we f-d up the end game.”
        OP talked about breaks with her team. OP had a conversation about accommodations with the employee. OP was honest about employee doing good work.
        OP didn’t ask the employee how nicotine gum works.
        But maybe the employee didn’t know either.
        Question for the OP. If employee comes back and says, “hey, I just found out myself. I’m not supposed to chew the gum. I’m just going to have it in my mouth. Can we see how that goes?”
        Will you see how it goes?

      2. Benihana scene stealer*

        That’s a very good point – but at the same time LW is talking about possible termination so I think it’s ok to make sure she’s aware. That’s not something to take lightly

        1. Jennifer Strange*

          I don’t disagree she should be aware, but the immediate jumps some folks are making to her being intentionally petty and looking for faults in Deleana is too much. The LW is allowed to make a mistake while navigating this situation.

      3. Emily Byrd Starr*

        Exactly. Most of the time, ableism doesn’t have a malicious intent, but is just due to someone not knowing all the facts.

      4. Myrin*

        Yeah, I don’t at all agree with all the “petty” and “snippy” accusations and the generally and somewhat surprisingly harsh tone towards the OP. Deleana behaved ridiculously and in an entitled manner basically every step of the way here, it feels pretty natural to think to yourself something along the lines of “What’s rules-lawyering workaround is she coming up with now? When will it end??”.

        I agree that if she really was chewing nicotene gums – although we don’t know that she did – it would be gracious to allow it, but I absolutely cannot fault OP for reflexively and at least in the beginning being like “No!” and also for possibly not even thinking that this even could be an accommodation – I know that I certainly wouldn’t have thought of that, at least not at first.

        1. Mango Freak*

          wait, how was Deleana petty or entitled?

          I don’t see how it’s rules lawyering to try to find a solution that works for everyone.

          1. Jennifer Strange*

            They’re talking about the original letter in which Deleana insisted she should get a longer break because walking to smoke was taking her too long.

      5. Ellie*

        Yes, I wouldn’t have known that, and gum is likely distracting and not a good thing for anyone in a service profession. However, if I knew it was nicotine gum, and the person was trying to quit, I’d be a lot more understanding. OP probably just hasn’t faced this before.

    2. Nerf*

      My guess is that since the feedback on here to the original letter was SO strong and anti-smoking, it probably bolstered her feeling of not permitting any sort of accommodation around smoking/tobacco/nicotine. I get it. It’s also legitimately hard to navigate something like this with an employee who’s already exhibited some unreasonable expectations and pushback – often we fall into just defending the hard line, and it’s really challenging to remain open minded to what can feel like never-ending negotiating/bargaining.

      I agree that gum chewing *may* be a reasonable accommodation, but I’d hesitate to be harsh to OP for not immediately coming to that conclusion.

      2. Benihana scene stealer*

        I agree, but I think it’s ok to say it a bit forcefully since LW is mentioning possible termination

      3. Beth*

        This was my assumption too. It’s good that Alison and the comments are pushing OP to reconsider the gum, but I understand how they got to where they are!

      4. Dust Bunny*

        I wonder if Deleana’s doctor had suggested the gum–explaining that you don’t chaw on it the way you do normal gum–the LW might have accepted it.

    3. Ms. Yvonne*

      Yes, and also sometimes one thing works to help you quit whereas another doesn’t…. so it really isn’t better for the smoker or the organization to have an agitated person on the floor with an ineffective but hidden patch, all the while the gum might be a better method for her.

      1. Rex Libris*

        Having used the patches, it may just be that the employee has an adverse reaction to them, but there is also initial feelings of nervousness and agitation for a couple weeks because you’re going from concentrated hits of nicotine (cigarettes) to a steady but lower level dosage of it.

        Starting at too high a dosage (they’re tiered) will also cause agitation.

    4. TeapotNinja*

      Again, she isn’t asking for accomodation for smoking.

      Her accomodation request was for a busted knee. The nicotine gum isn’t helping her move faster.

      3. Observer*

        Her accomodation request was for a busted knee. The nicotine gum isn’t helping her move faster.

        Not relevant, though. The ADA explicitly does not require the use of “magic words” and an employer is on the hook for potential accommodation as long as they should be aware that a disability is in play.

        The LW knows that she is a smoker. They also know that she’s using the gum to try to stop smoking. And activities intended to kick an addiction are absolutely covered under the law. So, the LW actually does have a potential legal obligation here.

      4. ConlanMetalRose*

        Agreed. I’m not sure how LW is supposed to accommodate that under the circumstances, when at least part of the reason she wants the longer time is because she moves slower (knee injury for which accommodation may be required) in getting to her car to drive off campus so she can smoke (not covered under ADA and not required to provide an accommodation).

        I think the feedback about allowing her to combine her break and/or use the nicotine gum are good suggestions, but I’m not sure either is enough. When I’ve worked with smokers in settings like this, many smoked way more frequently than 2 times a day, but we were so far from a smoke/tobacco-free campus. They would literally go out the back door and stand right there, so there was not walking or driving off the grounds. I think this is a tough spot for LW and Deleana, as LW has to handle not only Deleana but her employees who don’t have this issue and may begin to feel resentment about what can look like a perk that a smoker is getting that they don’t get if she allows the additional time.

        Does anyone know if an employer is responsible for an accommodation that only affects break times and not the job?

  8. Academic Hellscape*

    I would like to share free resources for quitting – I will place the link in a follow-up comment. The CDC (today anyway) has a free quit line and other resources. Many states do as well (supported by this work). For awhile in my state, sometimes additional resources were covered for a bit – including nicotine gum.

    Quitting is extremely difficult. Since she is trying, I would encourage you to do everything you can within reasonable accommodations to help her.

    2. Venus*

      My understanding is that smokers typically need to quit numerous times before it really sticks, so if Deleana starts smoking again then OP shouldn’t think too harshly of her. I loathe smoking, but the few times someone I knew started up again after quitting I’d tell them that they are one quitting closer to the one that will last and that I didn’t judge them for it.

  9. cat herder*

    Speaking as someone who’s used nicotine gum, I’d be surprised if she was chewing on it like regular gum. It doesn’t behave like regular gum, flavor- and texture-wise. The chewer controls how much nicotine is released by chewing it a little, then keeping it in the corner of one’s mouth until they want more. Patches, unfortunately, hit the user all at once, there’s no control. I would personally let her have the nicotine gum, as long as she’s being relatively discreet about it. (I feel like people chewing regular gum is one of the most obnoxious things to hear, and gum-snapping/smacking sounds are like nails on a chalkboard, so I don’t blame OP for a blanket ban on gum.)

    1. Alex*

      This was my thought. It’s more something you hold in your mouth, not like bubble gum.

      Just let her have the gum! She will be a lot more pleasant if she can use this aid to help her quit than if she has to deal with the effects of nicotine withdrawal.

      Also, the tone of this response feels sort of…hostile? Like, you gave everyone else the option of having two 15 minute breaks or 1 30 minute break. Why can’t each person choose on their own? It seems like you are being overly rigid for no apparent reason–if there were a reason that one 30 minute break wouldn’t work, you wouldn’t have proposed the option.

      Is it really that you just don’t personally like this person, even if she is a good worker? That is just the vibe I am getting, maybe I’m wrong.

    2. ScruffyInternHerder*

      After reading your description, I wonder if the disconnect is in “gum”. I’m not a smoker. I don’t know anything about nicotine gum, how it works, if its Rx or not, nothing. So I mentally file it as close to something that I do know (bubble gum) until I find out otherwise.

      So I appreciate your notes on it here, and I definitely appreciate all those advocating for a “hey, maaaaybe double check that the nicotine gum isn’t a solution here, short term”.

    3. Rex Libris*

      Actually, the patches (or at least the ones I used to get) are time release, delivering a set amount of nicotine through the skin over a 24 hour period. You’re right that there is no control over the release though, which could be the cause of agitation, because when you’ve become used to the quick nicotine hit from cigarettes, it definitely isn’t the same effect. In the end, I had better luck with the gum.

      1. Fish Microwaver*

        There are also nicotine spray mists (like a breath freshener) that deliver the quick hit of nicotine like smoking a cigarette. of course, none of the nicotine replacement products deal with the ritual and habitation that smokers have regarding usage, e.g. with a coffee on break, after work, with alcohol etc. Quitting is a lifestyle change that requires a multi faceted approach. However the spray mists could be a reasonable compromise at work, if gum and patches are unsuitable.

  10. FYI*

    My goodness. A bit draconian on the gum, no? She is not hurting anyone by chewing gum, and she’s not over-doing it on her breaks. Wowee.

  12. Juicebox Hero*

    As I understand it, you don’t chew nicotine gum like regular gum, but mostly suck on it and chew it very slowly. Since she’s making the effort to quit, I don’t see the harm in letting her have the gum or nicotine lozenges since they’re easy to hide in your mouth. It’s not like a big wad of Hubba-Bubba or a giant lollipop.

  13. Benihana scene stealer*

    Why not let her chew gum? This isn’t third grade. Sometimes good management is bending the rules or being flexible for the overall good.

  14. Elle*

    You had me in the beginning, LW, but for god’s sake give the woman the gum. It’s not a vape. It’s not chew.

  15. Wednesday wishes*

    Nicotine gum doesn’t get chewed like regular gum. It stays between your teeth and gums and is only chewed once every few minutes or so. From an ex-smoker, I say let he have the gum if it will help her quit!

  16. Sue*

    You don’t actually chew nicotine “gum” except for a bit at the beginning. Then you stick it under the back of your jaw or under your tongue. Nicotine patches shouldn’t be a problem, though.

    1. Dahlia*

      They’re a problem if she doesn’t like the way they make her feel! Not everything will work for everyone.

  17. Those Poor Fish*

    The comments here so often seem to flow one way. The feeling today is to have pity for someone who (supposedly) is trying to quit smoking, which we all admit would be difficult.

    But I see another situation. This is an employee who has flouted the rules, and then used a medical excuse to try to manipulate her boss. She doesn’t appear to think that the rules are for her. My prediction is that smoking or not, this employee will prove to be a perpetual headache.

    1. Fluffy Fish*

      Another take – she wasn’t trying to manipulate her boss, she genuinely thought it counted as a medical need.

      Even OP says she’s otherwise an great employee.

    2. Benihana scene stealer*

      I think it’s the fact that there seems to be a reasonable solution (the nicotine gum) that the LW refused to allow. So I think it’s less about pity for Deleana and more about not understanding why you wouldn’t try to accommodate what LW herself describes as a great employee.

      Plus, LW included some more facts in the update, like that D has a significant medical issue that’s related to all this!

      1. Dust Bunny*

        The employee didn’t ask for accommodation to help her quit smoking, though–she asked for accommodation for a bad knee. If she had asked her doctor to write a note about the gum and its proper usage, the LW might have felt differently.

        1. Dahlia*

          Does she also need a doctor’s note for water?

          Sometimes we can just be reasonable. Ideally, the gum won’t be forever, and then it won’t be anyone’s problem. Just let her have it, no doctor’s note.

        2. Benihana scene stealer*

          I meant accommodate in the colloquial sense…like just let her chew the gum

  18. TraceMark*

    I didn’t know how the nicotine gum worked, so thanks to folks for explaining that. Maybe the OP didn’t know either, and didn’t realize it might be a reasonable accommodation.

    Good luck to everyone in this situation – it’s hard to quit and it’s hard to manage people who are trying to manage that!

    1. learnedthehardway*

      Agreed. I think the OP was under the impression (like most non-smokers) that nicotine gum is chewed like regular gum. Since it’s not, this seems like a very reasonable accommodation to make.

      The OP does have to balance whether to allow this for one person with the potential that other employees will say “Well, she gets to chew gum. Why can’t I?!?”

      Now that the OP has been informed that nicotine gum is very different from chewing gum or bubblegum, though, hopefully she’ll have a comfort level to allow this as an accommodation, defend it to her own managers, and push back with any other employee who takes it as a license to chew other types of gum.

      1. Ask a Manager* Post author

        Just to clarify, other employees asking why they can’t do the same thing is not a legally acceptable reason to deny a reasonable accommodation under the ADA (just like making an exception to the dress code and allowing someone to wear sneakers after foot surgery, or so forth – you’d simply explain it’s a special case accommodation).

        1. BridgeofFire*

          Or an exception to a dress code policy for someone missing a foot without spreading that exception to interns.

      2. CareerChanger*

        I am in a workplace where this is exactly what would happen. Also my HR dept doesn’t like us to give accommodations off the books. So if I were in this situation I would love for the employee to go get that ADA letter to help her quit once and for all.

  19. sarah m*

    I would treat the nicotine gum as medication and not as chewing gum, using it will improve her health, and frankly, likely her job performance given the tardiness issues. Also, you don’t chew the nicotine gum like bubble gum (or it will make you “agitity” for sure) you just give it a chew here or there and tuck it between your cheek and gum.

  20. Elizabeth West*

    Agreeing on letting her have the gum. The OP’s conclusion re the tardiness is reasonable — the smoke breaks are not work-related. But if she’s really trying to quit, whatever the reason, I think it’s worth supporting her because quitting will take care of the tardiness problem.

    It’s really hard and I wish her the best with that. A grandchild is powerful incentive, though!

  21. Landry*

    It sounds like LW is determined to find fault with Deleana, who is doing everything she can to meet LW halfway. It’s petty and a tad vindictive, especially when LW says Deleana is otherwise an excellent employee. This is exactly the kind of thing that makes good employees leave — when you’re doing everything in your power to abide by feedback and implement changes and it’s STILL not good enough.

  22. Unreasonable Doubt*

    I don’t agree that the gum is a reasonable accommodation. Nicotine addiction is not considered a disability under the law. Her only disability is her knees, and the gum doesn’t address that.

    If you think this OP should bend the rules for her, fine, that’s your call. But it’s not an accommodation- it’s bending the rules. If you do that, the next part of the analysis is to consider that you could be setting a precedent. If another employee ALSO wants to chew gum or suck on a candy on the sales floor, you won’t have the legal protections that providing an accommodation gives you (where it’s ok to have different rules when they relate to an employee’s disability)- you will only have the fact that you allowed this person to not follow the protocol. Now, I do think you could draw a distinction here with the fact that it’s nicotine gum, especially since others have explained that you don’t typically go around chewing it in the same fashion.

    So ultimately, I do think there’s room here to be lenient with this employee, especially since she’s described as being very good and therefore worth the effort. But it’s not an accommodation, and, frankly, it’s not necessarily unduly harsh of this OP to enforce the rules as they stand.

    1. Zona the Great*

      I think it is more about being reasonable on a human level rather than reasonable in the eyes of the law about accommodations.

    2. Beth*

      I don’t think it’s weird to call it an ‘accommodation’ when it’s a known treatment for a known medical condition that many people are known to deeply struggle to control. Yes, on a strictly legal level, it’s not a legally-mandated accommodation for an ADA-recognized condition. But in the spirit of the rule, it’s functionally an accommodation, not a revision of the overall policy. I don’t see any reason that one person having a documented policy exception–whether ADA-mandated or just granted by the manager–would affect the manager’s ability to enforce the policy as a whole.

      1. Unreasonable Doubt*

        Okay… I went back to look at the legal precedent because I was surprised that my statement was wrong… however I’m just not seeing what basis there is for this! The EEOC has no specific guidance, the case law is entirely against it (several cases that specifically state that nicotine addiction is NOT a disability), and the Supreme Court has not ruled otherwise. And if it’s just a matter of relying on the text itself, it’s an open question whether a court would agree that the addiction “substantially limits a major life activity” (and several courts have already disagreed).

        I will continue to look into this, so thanks for responding. But I’m not convinced yet that this is correct. :)

        1. HR lady*

          I’m in HR and had to consult with counsel about this for a manager in my division last year. We were told that it’s safer to permit nicotine gum and that the ADA would clearly protect an employee who was suffering health effects from smoking. Less clear if it would protect them if they weren’t but our counsel strongly advised permitting the gum. (And legal issues aside, it’s not good policy to put obstacles in the way of people who are trying to quit smoking.)

        2. nnn*

          I found this from a law firm addressing it: “Smoking and nicotine addiction were not disabilities under the ADA before the amendments of 2009. After 2009, the question has been reopened and there have not yet been any determinative cases to provide a clear cut answer. Employers may still be required to accommodate employees who suffer consequences of smoking. That said, the act of smoking still should not be protected. …An employee who claims a nicotine addiction can be reasonably accommodated in a no-smoking workplace by using a nicotine patch or chewing nicotine gum.”

          And also this, with more in it than I can quote:
          https://scholarship.law.uc.edu/cgi/viewcontent.cgi?article=1180&context=uclr

          1. Unreasonable Doubt*

            This, from nnn, is precisely what I was referencing. I do not believe there has been an answer (post-amendments), not even the EEOC has weighed in with their own take, and all the case law (admittedly, much of it from pre-amendments) is against the holding that nicotine/tobacco addiction is a disability.

            That said, I also completely agree with HR lady’s counsel because it would be “safer” to allow the accommodation. It almost always is. But that doesn’t mean that this actually qualifies as a disability, from a legal standpoint.

  23. AnonRN*

    As a non-smoker who cares for people who suddenly have to quit smoking (due to being hospitalized), people respond very differently to various nicotine replacements. Patches do in fact make some people agitated and give them nightmares, she’s not just being difficult. Gum or lozenges work for some but don’t satisfy the tactile stimulation. Prescription drugs can have some serious side effects. Give her some leeway if you want her to be successful!

    1. WS*

      Yep, same here. She might be able to find a patch that works for her but that can be expensive (if you’re in Australia you can get a prescription, much cheaper!) and some people are allergic to the adhesive. The agitation and really graphic nightmares are common side-effects, especially early on. There’s also nicotine inhalers which would only take a minute to use, and mouth sprays, as well as gum or lozenges.

  24. Typity*

    With the gum, it probably seemed — in the moment — that the employee was trying to push for another rules change right after losing a round, so OP reflexively said no. But it sounds like Deleana ultimately responded appropriately, and now that she’s quitting smoking, this is the time for OP to support her. The gum doesn’t sound disruptive or even particularly noticeable.

    Quitting smoking is brutal. My brother, one of the toughest and most determined people I’ve ever known, wasn’t able to do it until it was too late, and he died of a smoking-related cancer in 2020.

    If the gum helps Deleana quit, please let her chew the gum.

  26. Jim*

    OP here.

    In the update I wrote “chewing nicotine(?) gum” The “?” did not get included when published so they way she was chewing, it may have been regular gum.

    To me, not much is worse when in a retail setting than a sales person with gum in their mouth try to talk to a customer So yes, I am very anti-gum when out on the sales floor.

    2. Ask a Manager* Post author

      Oh! Apologies for removing that — I thought it was the way people use ? to indicate they’re not sure of spelling. I’ll add it back in.

      I will say though – either way there’s potential for it to be considered a reasonable accommodation under the ADA if the employer can’t show it causes undue hardship to them (which just feeling strongly anti-gum will not do). You should definitely talk with whoever handles accommodations for your organization before telling her she can’t.

    3. JB (not in Houston)*

      Yeah, if she is actually chewing gum on the sales floor, I can see not accomodating that. I feel bad for the employee, but it’s reasonable not to allow gum chewing unless she can do it like Kristen Bell, who apparently chewed gum through all her Good Place scenes. But if that were the case, you wouldn’t have noticed she was chewing the gum.

      1. JB (not in Houston)*

        Aaaaand never mind, just saw Alison’s comment. It may be a reasonable accomodation (although I really hate seeing people chewing gum, even though I love chewing gum myself, so I hope she can do it discreetly if you do offer it as an accomodation)

    4. Lily Potter*

      Like many things in life, there needs to be some nuance here.
      There’s “retail” and then there’s “retail”.
      There’s a huge difference between a Target employee that mainly stocks shelves and occasionally answers customer questions vs. a sales associate in a high-end bridal salon that talks one-on-one with clients all day and is selling expensive, easily-damaged-by-gum formalwear.
      I don’t care if the Target employee directing me to the kitchen towel aisle has gum in her mouth. I very much DO care if the employee helping me select a wedding gown is chomping away while talking at length with me about the merits of strapless vs halter necklines on my $2,000 dress.

    5. Landry*

      There are SO MANY worse things a salesperson can do than chew gum. As a customer, the gum wouldn’t bother me in the slightest if the salesperson was helpful, knowledgeable and attentive. I’d much prefer that than a non-gum chewer who is pushy, clueless or doesn’t have good customer service skills. You’re still being petty IMO and it just sounds like you have it out for Deleana at this point. This is exactly how managers push away (in your words) an excellent employee.

    6. Touchofthe'Tism*

      Eh, respectfully, I’d meet her halfway here. If it’s nicotine gum obviously that makes it an easier call but even if it’s not, I’d wait until you have customer complaints before trying to ban her from chewing gum when it solves your long break problem.

    7. Observer*

      To me, not much is worse when in a retail setting than a sales person with gum in their mouth try to talk to a customer So yes, I am very anti-gum when out on the sales floor.
      Reply

      I hear you. But that’s not good enough. You can remind her to moderate hows she’s chewing around people if she’s doing things like blowing bubbles, speaking unclearly, chewing loudly, etc. But “I don’t like it” is simply not a good enough reason to deny someone a reasonable accomodation to help them kick an addiction. Not legally, and I would argue not morally.

    8. Zona the Great*

      I only agree if they are smacking or popping their gum. I would treat this on a case by case basis. I find anti-gum policies outside of labs or kitchens (or the like) to be a little bit of an overreach. I’d rather have gum in a salesperson’s mouth than bad breath.

    9. NotAManager*

      From a customer perspective – unless they blew a giant bubble, I would genuinely not notice if a sales person was chewing gum while they were assisting me. There are a million reasons why someone might chew gum at work (honestly, my go-to assumption would be that they’re trying to quit smoking) and as long as they’re helping me out, I wouldn’t notice or question it.

      1. Observer*

        I think this is very on point. Even in a “high end” establishment. Perhaps even *especially*.

        When I’m about to spend a chunk of money, I want the person who I’m talking to to listen to me, be polite, have reasonable answers / find answers for me, make it easy for me to make a decision. And that’s what I’m going to be focusing on. In a place where I’m grabbing an overworked stocker or something, I’ll be content with “aisle 2” before they run off. In neither case, do I care about basic gum chewing. And the more I’m engaging with the substance of my purchase, the less I’m noticing.

    10. Rex Libris*

      Even if it is regular gum, it’s very common to use gum or hard candy as a tactile substitute when one is trying to quit smoking. I’d still say if someone is honestly trying to quit, it’s a good thing to support.

      1. Peanut Hamper*

        I think I saw “I’m trying to quit smoking” or similar buttons ages ago that Deleana could wear and wearing one could help her explain (wordlessly) why she has gum in her mouth. Because yep, overcoming addictions is something that we should support.

    11. MigraineMonth*

      I would 1000% rather be assisted by a salesperson who is chewing gum than by one who smells of tobacco smoke. The smell doesn’t trigger my migraines (just nausea) so I wouldn’t complain to the manager or anything, but I’d stop breathing through my nose and try to wrap up the shopping as quickly as possible.

      Keeping in mind that Deleana might be a much better salesperson after quitting, accommodations like allowing her to chew regular gum–even permanently–is probably worth it from a business perspective as well.

  28. Flex*

    I don’t understand why you would need to enforce two 15 minute breaks just because the other workers prefer it. Why not just change the rule to “You can take two 15 minute breaks or one 30 minute break”?

    1. Jennifer Strange*

      In the last letter I believe the LW mentioned a union (could be misremembering?) in which case I believe it would have to be something voted upon.

      1. Bluenyx*

        I feel like unions are unlikely to care if you do something that *benefits* their members, outside of obvious favoritism. “How dare you offer better terms than we negotiated!”… yeah, unlikely.

        That said, you probably don’t need a formal policy change for the break thing at all if you wanted it, just more flexibility in enforcement of the 15 minute breaks. e.g. If you want to take your 2 15-minute breaks back to back, that’s allowed (assuming coverage etc.). Just because everyone didn’t want to switch systems doesn’t mean flexibility is bad.

        Hopefully the breaks thing won’t be a problem if she’s actually quitting, but the point is- please don’t be a retail place that treats workers like cogs or children. A little reasonable flexibility to support a good worker can pay off, and (sadly) make you stand out as a good employer in a field of awful ones. In turn attracting better employees.

        I understand she really didn’t start this on the right foot, but if she’s backing down or able to talk to you reasonably about it, it’s time to meet halfway.

    2. amoeba*

      Yeah, apart from the gum, that’s also something I don’t get. (Also, a whole day without a break longer than 15 mins sounds pretty miserable to me, but maybe that’s just because a break of minimum 30 mins is actually the law where I live…)

  29. Far walk for parking*

    If you were considering switching to 1 half an hour break for everyone, why not allow the smoker to do that? You can make it an either or in your policy if you feel the need to update the policy instead of making an exception for her. I guess it really depends on how you feel about the employee which I don’t think should be a valid point in the decision process. You get better results from accommodating and a better work environment in general.

  30. FunkyMunky*

    I think the OP is choosing a bad hill to die on
    especially since the smoker is a good employee! let her have her break, Jesus

  31. Jackie Daytona, Regular Human Bartender*

    I think folks are being harsh calling OP “petty.”

    Smoking doesn’t need to be accommodated. Kicking an addiction does need to be reasonably accommodated. Alison was right to flag it for OP’s consideration. We don’t know what we don’t know! That doesn’t mean someone is petty.

  32. Meredith*

    Not the point, but attempting to quit smoking “cold turkey” while at her daughters home for two weeks while she adjusts to having a newborn, is absolutely unhinged.

  33. RCB*

    Maybe a reasonable COMPROMISE (not using the word accommodation since that has a legal definition here) is to agree that if she tries to quit smoking like she says she’s going to then you’ll allow her to use the gum at work. You’re meeting in the middle and you’re helping her solve the larger problem. Sure cold turkey would be best, but it’s HARD, so be flexible and be human, you said she’s a great employee.

    1. Bluenyx*

      This is the clearest take here (and it doesn’t have to be limited to gum). If she’s making the effort to quit, you can make the effort to be flexible within reason.

  34. Chauncy Gardener*

    Thank you so much for posting an update to this one, OP! I was really wondering how this was all going to go down.
    I hope she’s able to quit!

  35. Sandra*

    Does the length of breaks have to be the same for everyone or could you just let each employee choose whether to take 2 fifteen minutes breaks or 1 thirty minute break? You say she’s a good employee otherwise and it’s clear she’s trying to find a solution even though her first strategy was…interesting. Maybe you could meet her closer to the middle.

  36. Carl*

    This update!
    Deleana was not very sympathetic in the original post, but now I really feel for her. I expected Deleana to respond really poorly to having the door shut, but instead she leaned in and is trying to quit. I respect that.

    Addiction sucks. Let her have her gum. She’s not a teenager – she can probably handle discretely chewing gum, and if she doesn’t, then address that.

    I’m a lawyer and – confession! – I’ve had gum in my mouth on more than one occasion in court. Why? Bc I can be talking for hours at a time, and I get dry mouth (which the gum helps), and I am a grown up who can have gum in my mouth without anyone noticing – not even a Judge.

  37. not neurotypical*

    If they all get 30 minutes of breaks, why insist that “parity” requires that they ALL take two 15 minute breaks or one 30 minute break? Why not just make the policy that you get 30 minutes, that you can divide or not, as you like?

  38. Gollumgollum*

    Nicotine gum is:
    1. Medication – let her have it
    2. Not chewed like typical gum. The mantra is “chew chew park” – ie. bite it a couple of times until you taste pepper, then stick it in your cheek to let the nicotine absorb through your cheek. Usually only have to bite a couple of times every five minutes or so. This is more like having a lozenge in one’s mouth rather than chomping gum. (Source: am a legal drug dealer)

  39. Mango Freak*

    so, reading the first letter, you own the business, right? the employee is handbook is written by you?

    let her use the gum! hell, maybe say that she can have the option of one 30-minute break instead of 2 15s if she prefers (but since she’s on a path to quitting, that probably better for everyone).

    1. thatsjustme*

      That’s where I’m confused. Why are the existing policies such a big deal when OP could conceivably just change them or make exceptions as she sees fit?

  40. Thomas*

    IMHO the mobility disability significantly changes things in favour of allowing a longer break. OP claims that “going to her car to have a smoke break is not a job-related task”, but the break is part of the job conditions and benefits. If an able-bodied smoker could easily leave the private property they work in (with the no-smoking rule), smoke, and return to work in 15 minutes but this disabled employee can’t do that, you’re in the territory of needing to provide an accommodation.

    1. Jennifer Strange*

      She’s getting her break, though? She just can’t do what she wants on her break, which is going to be the case for everyone.

      1. thatsjustme*

        Not really. I had a disabled relative who was constantly getting written up at her call center job because she was always returning late from her breaks or taking more breaks than she had been allotted. My relative had some pelvic issues as well as mobility issues in her knees and needed longer, more frequent breaks to use the restroom.

        She was still getting the breaks everyone else was getting, but wasn’t able to do what she wants on her break, just as the smoking employee is still getting her break and not able to do what she wants on her break.

    2. Walking takes time*

      Also weighing in is the fact that the business created the situation by making such a long distance for anyone to take a smoke break. The same regulations that shut down the power plays of putting the clock-out timer a long walk away from the break room would apply here.

  41. thatsjustme*

    Man, I am bristling at all these seemingly needless policies about little things. I don’t see why OP can’t just give the smoking employee a single 30-minute break if that’s what she prefers. How tardy is she in the first place? It sounds like she’s taking something like 17 minutes for a 15-minute break. I don’t know … the tone just makes me think OP has a problem with smokers and is being rigid because of her own perceptions about smokers and not because there’s an actual business need to be this way.

    Even if I’m off base here, I still think it would be smart and kind for OP to do everything possible to support this employee in quitting smoking. Quitting tobacco can be incredibly difficult, but if she’s able to kick the habit, that’s a win for everyone involved.

  42. CountryLass*

    I worked somewhere that gave breaks, but not extra breaks for smokers, and it was clearly stated to all employees and managers/supervisors that smoke breaks were not a thing. You could smoke on your break, outside of guest areas, but not take extra breaks for smokers. I had one, really hard worker who smoked. On a very stressful day, she came up to me to ask if she could take an extra break for a cigarette, and I reminded her (in a fractionally raised voice to make sure others heard) that no, extra breaks for smoking are not allowed. I did then ask her if she could go to the storage area (which was outside guest areas) to get me some drink cups. My thought process was that we did actually need the cups, so I would have to send SOMEONE, and whilst she may be able to sneak in a quick smoke on the way there, I had clearly declined her smoke break.

    I did the same for other staff who just needed a few minutes after having a difficult guest interaction, so it wasn’t just for that one worker. I did at one point have one or two of my staff try to claim to my manager (I was a supervisor) that I had favourites and that they felt those people got special treatment. When my manager came to me about it, I said I could guess which staff members had said that, and asked him for the names of the ‘favourites’. I then pointed out to him that I can see why they would say that. The ‘favourites’ were the hard workers, the ones who showed up at the unit a minute or two before their shift, so they were on site and in their station on time, were available if we needed cover and grafted their entire shift. The ones who raised the issue were still in the staff area at their start time, not even clocked in, had to be chivvied along and usually asked to go home early, even if we were busy. So, surprisingly, I preferred and got on better with the hard workers who were part of the team.

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