Can My Boss Make Me Work on a Religious Holiday?
Let's face it: Asking your boss for time off is awkward. That's true whether you're grappling with sick day guilt or feeling too overworked to take a much-needed vacation. But perhaps one of the more anxiety-inducing requests is asking a manager for time away to celebrate a religious holiday, especially when you don't share beliefs.
You might feel self-conscious discussing religion with a manager. Maybe you worry that your boss will roll his eyes at your rituals. But can he refuse to let you take the day off? The short answer: kind of, sort of, maybe.
Here's what to know about your rights.
[Read: 8 Ways You're Annoying Your Co-Workers During the Holidays.]
You have protections. In most cases, employers have a legal obligation to provide accommodation for religious observances and practices.
Title VII under the Civil Rights Act of 1964 says that employers of more than 15 workers must "reasonably accommodate" employees' sincerely held religious beliefs. That's true unless it causes "undue hardship" on the employer's business, meaning that it's prohibitively expensive, endangers your co-workers, infringes on other employees' rights or something equally damaging.
"If you say, 'I want the day off for Easter or Passover,' and the employer can show more than a small cost in dollars or manpower, then they don't have to accommodate it," says David Barkey, religious freedom counsel for the Anti-Defamation League, a national civil rights organization.
Check your state. "Most states have their own discrimination laws, and religion is a commonly protected class," says Sachi Barreiro, a legal editor specializing in employment law at Nolo, a law resource website.
One example is California, which extends protections to organizations with just five employees. On the other side is Georgia, which has no state anti-discrimination laws covering private employees.
[Read: 5 Workplace Laws Your Employer Might Be Violating.]
Explain your beliefs. Your beliefs must be "sincerely held." So, no, you can't argue that veganism is a religious belief. You won't have much luck when claiming to follow the teachings of the Great Prophet Kanye West. "I pray to the Church of the Washington Redskins and must therefore take Sundays off" isn't a sincerely held belief, says Edward Yost, HR business partner for the Society for Human Resource Management.
In general, you're protected as part of "some sort of established, organized religion," Barreiro says. If you observe traditions that your co-workers and managers aren't familiar with, it's your task to explain to your employer what you're observing and what accommodations you're seeking.
"The employee and employers are obligated to engage in the sharing of information," Yost says. "It stops short of 'Go get me a note from your clergy.'"
Ask in advance. The nice thing about religious holidays is that, unlike sick days or vacation time, employees typically know what dates they'll need off months, or years, in advance. Put it on your boss's radar early, experts say, so that if another three employees ask for the same holiday off, you'll be first in line. Why? If too many workers all ask for the same holiday, your employer could argue that it causes "undue hardship" to let all of you take the day off.
It's also best to ask in an email so that you have a record, especially if you're asking months ahead of time. When describing what you need, stick to the basics, including the holiday you're celebrating and the dates you're requesting.
Once you've secured that time away from the office, you may still need to sacrifice a vacation day or agree to unpaid leave.
[Read: 7 Ways to Ruin Employee Morale During the Holidays.]
Complain. If you feel that your rights are being violated, take it up the internal chain before lodging an external complaint, experts say. Talk to your manager's boss or the human resources department. And if all else fails, an attorney or local fair employment practices organization may be able to answer any questions and help you plan next steps.
Susannah Snider is the Careers editor at U.S. News. She previously covered paying for college and graduate school. You can follow her on Twitter or email her at ssnider@usnews.com.
