weekend work schedule

We are a public library with 6 branches; only 2 of the branches are open on Sun from 2-5. Until recently we paid anyone who worked the Sun. schedule time and a half. Due to budgetary cuts, we discontinued paying money and began giving comp. time. At that point, several employees from other branches that previously wanted to work ont he Sun quit vontunteering since they were not getting money. This created a staffing problem at the 2 branches what were open. To solve this,a revolving schedule is being put into place that will include all employees systemwide who work in the public service dept on the Sun. schedule.They will only work once every 6 wks.
We have had one employee who says she will not do this because of her religious beliefs and that she feels we cannot make her participate. She has been employed with us about 3 yrs. and on her original application she put that she would not work Sundays. Until now, that has not been an issue. Where do we stand with this employee and others who originally put that they did not want to work Sun on their applications in light of this new policy?

Comments

  • 12 Comments sorted by Votes Date Added
  • If this employee was not among those working Sundays to earn the time and 1/2 pay...and she placed on her application that she would not want to work Sundays due to religious conviction, you are probably on safe ground to provide the exclusion. She has provided clear and convincing support for her belief.

    Adopt a written (and published) policy in conjunction with the rotating schedule that all employees will be required to participate unless they indicated a sunday exemption on the application for employment. This should keep you covered with a tangible line in the sand.


  • I don't believe she has provided ANY clear and convincing support for her belief; however, that may not make any difference. You have a duty to reasonably accommodate a sincerely held religious belief if it does not cause you an undue hardship. Just because applicants put on their application that they don't want to work on Sunday doesn't trigger a duty to accommodate.
    Nor does it preclude the employer from changing their work schedules to require Sunday work.

    If this is a case of religious accommodation, you should look at alternatives to Sunday work. Can this person work Saturdays instead? Extra evening shifts, voluntary employee substitution, etc? Can you accommodate without incurring more than 'de minimus' costs? If so, do so.

    P. S. Does your compensatory time policy allow the employer to determine when comp time will be accumulated as opposed to cash overtime?
  • Oppl, I could have swore I saw this posted elsewhere with quite a few good responses - I didn't feel the need to add. Am I wrong?
  • You probably did--I am new to this forum and actually posted my problem as a "reply". Then I could not relocate it--the webmaster suggested that I start over. Sorry if this created a problem for some.
  • As of January, we do not pay cash for overtime at all. All overtime has to be taken as comp. time
  • Are these non-exempt employees?
  • The majority of these people are non-exempt. However, exempt employees are also taking a turn to ease the burden. Even the director and assistant director are putting themselves on the schedule!
  • oppl,

    The reason I ask is that in the private sector you cannot require ee's to take comp time in lieu of OT. I'm not an expert on the public sector and know there are some rules where comp time is applicable, but I question your ability to require comp time. I would also think there would be some morale issues at play. If it is a budgetary issue, however, that might be a better alternative than being unemployed. Just my thoughts. Could a public sector expert weigh in?
  • The FLSA gives the employer the right to determine whether OT will be compensated in pay or in compensatory time off. The only stipulations are that the ee must be notified in advance if it is to be compensated with time off and that the ee must be paid if they have 240 hrs "banked" (480 for police/fire). If you are going to an across the board comp time policy, then I'd make sure you write an overtime (or amend if you already have one) to state this. That'll satisfy the FLSA requirement of notification.
  • If this is a sincerely held religious belief, and she has not participated in the Sunday schedule previously, I'd grant the accomodation. But, I would make sure that she worked a proportionate amount of Saturdays to ease the burden on those folks who are working the Sunday schedule.
  • oppl, found your previous post. It's in this forum under a post by Indianapolis called, "Religion & Discrimination." If you want to reference some of the previous responses, it's on page 2 about 11 or 12 down.
Sign In or Register to comment.