Religious Accomodation for Time Off

MaryB

Does anyone have a form that you give to employees to complete who request time off for religious observance?

I rec'd a sample of one from our outside counsel when an employee stated she cannot work Saturdays and the form recommends asking the employee to indicate why their beliefs indicate they need the time off, how long they have held the beliefs, the name and place of worship, and a document from their religious leader confirming the information.

This could be a bit "prying" and I'm curious if anyone else uses something similar?

hhaynal

As you know, employees are protected under Title VII in exercising religious beliefs, as long as they are sincerely held. And, employers are obligated to accommodate an employee's religious practice once notified of such need. One of the factors an employer looks to is whether the belief is "sincerely held."

Generally, a way to determine whether the belief is sincerely held is to ask questions as set out by your attorney's form. Another indicator is when an employee will request time off without pay for the religious observance. And don't forget to consider the rights of other employees when considering an accommodation for the requester. There is always the potential that you could have one of the other employees shouting religious discrimination because of the accommodation you allowed for the religious observer.


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