Religious Accomodation

kpiccoli

We have an employee who is currently on a written warning for excessive
tardies and unexcused absences. She has used up all of her vacation, personal
and sick time. She put in a request for time-off to attend a religious convention in May. Do we have to allow her time-off without pay in order to accomodate her religious needs?

Parabeagle

Short answer: Maybe (I think this is the first word lawyers learn).

If you can accommodate the absence without undue hardship on the enterprise and the "convention" is a required part of the employee's religious practices, you're probably on the hook.

jimlegal

I would rather be safe than sorry, so I would let the employee take unpaid leave to attend.

System

The difficulty is can a "convention" be required by any religion? Is the convention a religious service? Would the employee be excommunicated if they didn't attend? What complicates this is you have a poor performer (attendance related) being allowed time off (if you take the non-confrontational approach). Almost looks like a reward. If you let the employee go to the convention and pursue termination later for attendance the employee may dredge up the pesky retaliation claim. Why didn't the employee save up vacation for this convention? I'd talk to my legal people and find out when they would like to see a claim coming their way.

P.S. If this employee gets to go to a convention claiming religious accomodation you can expect other employees to cash in.

Parabeagle

Re the "required practice" argument: Have the individual's clergyperson state, in writing, whether the individual is REQUIRED to attend this convention. Then you have it in writing, one way or the other, and you can more easily make a decision.

Paul in Cannon Beach

Check out this link in a past HR HERO discussion of this subject:

[url]http://www.hrhero.com/headlines/121401/religious.shtml[/url]

From what you have said, this request does not sound like a "religious practice". I am a Christian and going to "conferences" is not a religious practice on the level of prayer, Bible study, and church attendance. I wish it was because I work for a christian conference center and that would be GREAT for business!

Are you a public employer? If so, you may have some other concerns. But I would say you should be ok in treating this request like you would treat an employee who requests time off for a concert or special event.

Paul

SMace

I would not let them go until you do further research as already recommended. I guarantee you have "good" employees that are constantly covering for this poor performer. If you now allow them to go to a convention (her co-workers will see it as a vacation) you will be one step closer to pushing your "good" employees out the door.

Stephen

Whatever

Where I work, the employees who want to attend religious conventions know well in advance when they will be. Therefore, they plan and request to take their vacations at the time of the conventions. It's worked well for years and there has never been a problem. My experience has been that the employees go because they want to and not because it is a requirement to remain a good (name your religion).

Rockie

Not sure that this falls under "religious accomodation". Under the law, an employer should try to accomodate employees' requests for time off for religious holidays; for time off for religious practices or beliefs or to accomodate employee's religious practices in regards to dress.

I think it's pushing it for time off to attend a conference unless it is a requirement of the religion that the employee attend this conference. If the employee says that it is, it is a good suggestion that someone had to have the minister document this.

This is really skirting on the gray edge of the law.