Smoke breaks

My wife was discussing labour law with a lawyer the other day, and he said that an employer would be entitled to deduct an employee's smoke breaks from their annual leave.

If you added it all up -- a ten minute smoke break in the morning, and another in the afternoon, that would probably take up most of their annual leave. And why not?

After all, drinkers don't take drink breaks, and crack heads don't take crack breaks, so why should smokers take smoke breaks? Or, if it is something they are entitled to, why don't non-smokers take fresh air breaks? Non-smokers often have to cover for smokers when they are out on their smoke breaks - answer their phone and so on.