There used to be a designated area for smokers, but recently they declared no smoking anywhere on the grounds. What was eventually allowed was smoking inside your own vehicle while on the hospitals grounds, specifically the parking garage. Of course that doesn't account for those employees who do not drive. Now the hospitals rules say that you cannot leave the grounds on your 10 minute break, but my question is what is the difference between smoking on the grounds of the hospital and smoking on a public side walk?
The hospital may receive tax dollars, but it is not a public place like the sidewalk. You can be kicked out of a hospital for a variety of reasons, including violating hospital rules on smoking. You can't (generally) be kicked off a sidewalk.
Personally, I would make a distinction between a hospital and private property. Why? Because private property IMO is not presumed to be for public access, a hospital by its very nature is established to serve the public.
Coupled with the fact of public funding, I think a legal case could be made that a designated area must be maintained to be used by employees during their breaks.
JMHO.
When I worked we were being paid by the company for our breaks and were supposed to stay on company property because of liability-----we were not actually being paid for our lunch hour so could leave the property.