Can my employer prevent me from taking time off fora religiousholiday?
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Can my employer prevent me from taking time off fora religiousholiday?
My husband and I planning on traveling to Israel for Passover this year but my husband’s employer, which is his dad, will not allow him to go for more than 5 days. This even though Passover is an 8 day holiday and we are traveling overseas. My husband have over 13 days PTO accumulated but his dad pretty much told us, that if we will go, my husband will be fired. Can he can do such a thing?
Asked on February 24, 2012 under Employment Labor Law, Oklahoma
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Federal law prohibits discriminating against employees due to their religion, and requires reasoanble accomodations to religious observances. From what you write, your husband's employer may be violating the law, IF the trip is truly for religious purposes--for want of better term, a pilgrimage, or something which is a duty, or at least considered a significant blessing which believers should undertake, in your faith. If it is more along the lines of a holiday timed to coincide with a relgious holiday, there is no need to accomodate it; the legal imperative to accomodate religion only comes into play when something is actually required by the faith
Assuming that this trip is along the lines of a pilgrimage, then since your husband has more than enough PTO to cover the time off, and you seem to have provided notice for planning purposes (so the job is not caught shorthanded unexpectedly), it would seem that reasonable accommodations would require that your husband be given the time he requests. Of course, if your husband's father will not comply, you would have to sue to enforce your rights, which is something with its own significant costs, monetary and otherwise.
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