What are an employee's rights regarding religious holidays in the United States? | LawHive - Solicitors & Lawyers Online
What are an employee's rights regarding religious holidays in the United States?
Hi everyone. I need support. My daughter is part-time works in retail. We are Catholic. Easter is the biggest religious holiday in an entire year. So, she asked for a holiday these days. Unsuccessfully. She explained that is very important due to religious reasons. What rights does she have and what she can do? Thank you

James Defelice

11th April 2022

Top Answer
NQ. They don’t have to automatically agree but they must give proper consideration to the request and make sure they are not unlawfully discriminating against the employee. If an employee can use his/her statutory or contractual paid annual leave for the holiday or pilgrimage, it may be difficult to show that a refusal is proportionate unless there is some good reason why holiday cannot be taken at that particular time (for example, the demands on the business or workforce are high). The size and nature of the organisation will be relevant. A larger employer may have more scope for covering the absence from its existing staff or from a pool of temporary staff, though in some sectors it still may not be easy to provide cover for employees with specific skills. If they refuse a request they must make sure they are not indirectly or directly discriminating against the employee or others sharing the same religion or belief. https:// www.equalityhuma nrights.com/en/ advice-and-guida nce/ religion-or-beli ef-time-work

Jacklyn Maccormack

11th April 2022

NQ - previous Retail Manager - have your daughter submit her request in writing to the Store Manager outlining her beliefs and the importance of Easter as part of her faith. They should where possible work with her to be as flexible as possible. This may mean the holiday is still refused and alternative shifts offered. Other option would be to see if another colleague would be willing to swap shifts as a favour.

Mildred Andersen

11th April 2022

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