Need Help! Religious Accomodation...

mwild31

If an employee requests time off for religious purposes, but has no vacation or paid sick/personal leave available - do we have to accomodate?

I have an ee that's been here less than a year, so therefore qualifies for zero vacation or sick/personal leave & now would like to take Sept 16, 29, 30th off as well as October 1-7. Earlier this year, he also took Good Friday off (his demnomination is Christian Tabernacle). We let him take the one day off, because we weren't that busy & it was only one day. Now, however, he wants 8 more days off (8 working days) and just last week our Operations Manager said that no one could take time off (even if they had vacation/sick/personal time) until further notice due to our increased capacity. If we give him the time off, someone that's producing will have to be pulled from their job to cover for him while he's away. Plus, and maybe this isn't politically correct or even very educated, but next year when he does receive 1 week of vacation and 3 sick/personal days (plus the 6 paid holidays we all receive) can I ask him to use his vacation and sick/personal to cover all of his religious holidays?

I'm sorry to be such a dunce about this topic, but your help is greatly appreciated. Thank you! x:-)

deniseE

I think you may within your rights to require that he provide something from the church indicating that the religion prevents working these particular days.

Any accomodation must be reasonable within a business setting...and it seems that he needs a lot of time off in a short amount of time. And i don't believe that you're under any obligation to pay him for these days.

Hopefully someone with more experience in this area will chime in...

KathiHR

This past year, we've been dealing with an EEOC complaint over religious discrimination, so I've learned a little more than I knew a year ago. First of all, accomodating does not mean you throw your attendance policy away. You accomodate to the extent that you are able without causing undue hardship on your business.

I'd suggest you draft a well thought through policy with a formal procedure for requesting a religious accomodation (same as is done with ADA). I'd even suggest you consult your employment lawyer when drafting it. In your policy, you should specify that they must use their vacation time to be gone on days they were scheduled to work (some of the burden of this deeply held conviction should fall on them). Then next, you're going to have to address what happens when they run out of vacation time & still want off. The point of the policy is to treat all these requests consistent.
The other point is to make the process formal enough to weed out the insincere...("I worship the sun & need every Friday through Sunday off from May to Sept to worship at the beach.")

I don't agree with requiring a note from their church. An employee with a "deeply held" religious conviction can request an accomodation for whatever reason they choose - has nothing to do with church attendance. They don't have to be attending a church service to want off - they could be Muslim & want break time 3 times a day to pray. Also, employers don't want to get in the position of judging whose convictions are "deeply held" and whose aren't. Place control on your procedure by establishing a formal process they must go through to request a religious accomodation.

Parabeagle

You are only required to reasonably accommodate an employee's religious beliefs. If letting him go for religious observances is a hardship on your business, you are not required to grant the accommodation - just make sure you document the reasons why you couldn't accommodate him and be prepared to defend your actions.

dchr9203

Keep in mind that the guidelines for "accommodating" religion are not nearly as strict as for, say ADA issues, and require only that an employer show a minimal hardship. The employee must request the time off specifically for religious accom and has to be specific as to how that belief/practice is impeded by his job. Generally speaking, you do not have to make accommodations that affect coworkers (as in pulling someone from their own shift to cover his) and an employer only has to provide an effective accommodation alternative, not the one preferred by the employee or applicant. For example, change shifts or work schedule. If the employee refuses the suggested accom, then the employer has made an attempt to accommodate and is no longer obligated.

mwild31

Thanks for all of your help! In addition to your excellent words of advice, I reviewed the HR Executive Special Reports, written by none other than Anne Williams x:-), called the "Ten Commandments for Avoiding Religious Harassment and Discrimination Claims". I realized that I had a strong policy, but I didn't have a checklist (or form) to help me wade through the interactive process. Thanks again!