Are employers obligated to offer leave for religious observances?
In California, employers are obligated to provide reasonable accommodation for the religious observances of their employees. This includes granting unpaid leave for religious holidays. California employers should evaluate each request for religious leave on a case-by-case basis and provide the employee with the opportunity to practice their faith. Employers must make a “reasonable accommodation” by allowing time off without pay if it does not cause “undue hardship” to their business operations. An undue hardship means significant difficulty or expense and should be based upon objective facts rather than subjective opinion. An employer must also consider other options, such as adjusting the employee’s work schedule. Employers who fail to provide reasonable accommodation for religious observances may be held liable under California law. The employee may be able to recover wages, benefits and legal fees under the California Fair Employment and Housing Act. Additionally, employers may be subject to criminal charges and penalties if found guilty of religious discrimination. In conclusion, California employers are obligated to provide leave for religious observances if doing so does not cause an undue hardship. Employers who fail to do so may face legal repercussions. It is important for employers to be aware of their obligations in order to ensure that their employees’ rights are respected.
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