Holiday Leave For Religious Holidays

Employment Obligations vs. Religious Holidays

Most of us spend the majority of our waking time at work. Due to Ontario’s multicultural nature, inevitably, many employees work during their cultural or religious holidays. This often leads to issues which are unique to populations of different cultures and may create conflicts between their employment obligations and their beliefs. My hope is that through educating employees and employers of a better understanding of these issues, readers will be able to develop and sustain a more positive work environment which is receptive to their beliefs.

With several various holidays soon to be upon us, it is fitting to consider the right of a religiously observant employee to time off during the holidays. I often speak with employees who are uncomfortable asking for time off during their own religious holidays, or who feel that their employer will deny such requests. My answer to these individuals is that there is the “legal” way of looking at things, but then there is also the practical way.

Religious Holidays: Legal Accommodation

Legally speaking, an employer is required to reasonably accommodate an employee’s religious observances, practices, and beliefs unless the employer can show that such accommodation would cause undue hardship to the employer’s business. So, unless the business is going to have to shut down if you do not come into work on your religious holiday, your boss has to find a way to give you the day off. Failure to do so would constitute religious discrimination which is forbidden in Ontario by the Human Rights Code.

SEE ALSO
• Statutory holidays in Ontario

Clearly, I am often told, employers do not have to pay for the time taken off for religious observance, right? Not so fast. In Ontario, employees are required to be paid, by law, for two Christian holidays, Christmas Day and Good Friday. For employees who are Jewish, the Supreme Court of Canada has held that allowing employees to be paid while celebrating these Christian Holidays, but requiring Jews to take unpaid leave to celebrate Jewish holidays, is discriminatory. Therefore, employees are entitled to receive the same number of paid religious days off as do other employees, namely two days a year.

How to Approach Your Employer

Now that we understand the legal point of view, we need to consider the practical approach. If you plan on simply marching into your employer’s office and announcing that you are taking the holidays off because “it’s my right”, you may want to think twice before you do this. I always advise employees that, rather than taking a confrontational position, it is far better to co-operate with an employer in finding a mutually agreeable solution to a workplace issue. After all, the employee has to continue working so it is important not to sour the work environment. Do you really want to have your boss upset with you because you made no effort to find a replacement and he had to scramble at the last minute until someone was found? Do you think the boss will remember this in December when it’s time to consider your yearly raise and bonus?

So what can you do to avoid damaging your relationship with your boss, while still being true to your beliefs? In many cases, conflicts with regard to religious holidays can be resolved through open communication and cooperation between the employer and employee. While employers have a duty to accommodate the religious needs of their workers, employees should also attempt to resolve conflicts between job duties and such needs. Thus, an employee may wish to assist the employer in finding someone to cover the employee’s shift during an absence. Also, when an individual accepts a job, he or she should be upfront about any religious commitments which may impact on work responsibilities. This will help ensure that the employer is able to accommodate the religious needs of the employee.

Many employers have come to realize that a commitment to religious accommodation can improve employee morale and is an important way of ensuring that valued employees are retained, by demonstrating that the company is sensitive to its religious employees’ needs. Cooperation on the employee’s part will help ensure that proper accommodation is obtained while maintaining a positive work environment.