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> we have laws in the US that protect people who are observing religious holidays Do we? From: https://www.dir.ca.gov/dlse/FAQ_Holidays.htm https://www.dir.ca
by everdev 8y ago
> we have laws in the US that protect people who are observing religious holidays
Do we?
From: https://www.dir.ca.gov/dlse/FAQ_Holidays.htm https://www.dir.ca.gov/dlse/FAQ_Holidays.htm
> California law does not require that an employer provide its employees with paid holidays, that it close its business on any holiday, or that employees be given the day off for any particular holiday
- reaperducer 8y agoUnited States > California. https://www.eeoc.gov/laws/types/religion.cfm https://www.eeoc.gov/laws/types/religion.cfm "The law requires an employer or other covered entity to reasonably accommodate an employee's religious beliefs or practices, unless doing so would cause more than a minimal burden on the operations of the employer's business. This means an employer may be required to make reasonable adjustments to the work environment that will allow an employee to practice his or her religion. Examples of some common religious accommodations include flexible scheduling, voluntary shift substitutions or swaps, job reassignments, and modifications to workplace policies or practices."
- everdev 8y ago> unless doing so would cause more than a minimal burden on the operations of the employer's business No employer is required to approve PTO for religious holidays if something needs to get done. There are tons of employees who get scheduled to work on Christmas all the time.
- kayfox 8y agoSo, if an employee was not at work, not expected to be at work, do they need to apply for and get PTO to avoid getting calls in that off time? It seems pretty clear that if the employer expects response in a certain time frame, the employee is engaged, and there may be issues even for salaried overtime-exempt employees with keeping an employee engaged 24/7/365.
- everdev 8y agoThat's the more important point in my opinion. The demands weren't reasonable regardless if it was a religious holiday or not. Saying you were observing a religious holiday will definitely earn you sympathy from the public but probably not legal relief from the courts.
- klodolph 8y agoIf the plaintiff is saying that they are observing a religious holiday, then it is up to the defendant to show that this is a hardship for the business or otherwise not a reasonable accommodation. This is pretty standard stuff, with lots of case law to back it up.