An employee wants a paid day off for a religious holiday that I've never heard of. Am I obligated? Ask Soma
Q: An employee recently asked me for a day off for a religious holiday that I've never heard of. Do I have to pay for the day if it's not a statutory holiday?
A: The simple answer is that an employer is not obligated to pay an employee for a religious holiday that is not a statutory holiday.
However, the Ontario Human Rights Commission (OHRC) states that when an employee requests time off to observe a holy day, the employer has an obligation to accommodate.
ARTICLE CONTINUES BELOW
In fact, the OHRC guideline notes that the employer should offer the employee options to have the time off without losing wages or using vacation time.
Its policy position states that accommodation options could include special/compassionate paid leave, scheduling changes, overtime, use of lieu time, compressed work week arrangements, and if applicable, working on a statutory holiday.
Business
Opinion
Soma Ray-Ellis: I'm in HR, and post-pandemic finding it hard to get employees to dress properly. Can I force a dress code? Ask Soma
Employers certainly have the right to enforce a dress code, writes Soma Ray-Ellis, but the rules
It is also important to note that an employer is not obligated to accommodate if the request causes what is referred to as undue hardship.
The Ontario Human Rights Code considers cost, applicable outside sources of funding, and health and safety requirements when assessing whether accommodation would qualify as such.
No other considerations can be taken into account under Ontario law.
It is very difficult to meet the standard of undue hardship under Ontario laws, and it is much easier to work co-operatively with the employee.
If you want to refuse accommodation you will have to provide figures, facts, and scientific data or opinion to substantiate your claim.
ARTICLE CONTINUES BELOW
ARTICLE CONTINUES BELOW
The cost of doing that is typically higher than providing the accommodation.
Factors such as business inconvenience, employee morale, customer and third-party preferences are not valid points when proving undue hardship.
As you are aware, Ontario has nine public holidays: New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day, and Boxing Day.
Of this list, Good Friday, Christmas, and Boxing Day are the only statutory holidays with religious roots.
Business
Opinion
Soma Ray-Ellis: Show me the money! How will Ontario's new wage transparency law affect me? Ask Soma
Starting next year, writes Soma Ray-Ellis, new Ontario pay transparency laws will require every
Employers are still expected to accommodate religious holidays that are outside of these three.
Collective Agreements also cannot act as a bar to accommodate.
It is vital to be tactful and respectful when approached about religious requests.
For example, some religions might require daily set time for prayer.
The employee can easily make up the time or use their breaks/lunch to practise their faith.
ARTICLE CONTINUES BELOW
ARTICLE CONTINUES BELOW
Keep in mind that the OHRC outlines that asking for information about an employee's religious beliefs and practices could breach their privacy and dignity.
At the same time, employers must have enough information to allow them to meet their duty to accommodate.
Therefore, an employee seeking accommodation must inform their employer of the needs associated with their religious practices.
Business
Opinion
Soma Ray-Ellis: I recently resigned but regret it. Is there any way I can get my job back? Ask Soma
The law on resignation is quite clear, Soma Ray-Ellis writes.
However, as a general rule of thumb, the employer should take requests for accommodation in good faith, unless there is evidence that the request is not genuine.
They should also limit requests for information to those reasonably related to establish legal responsibilities, assess needs, limitations or restrictions, and make the accommodation.
The goal of accommodation is to provide everyone with a discrimination free workplace.
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An employee wants a paid day off for a religious holiday that I've never heard of. Am I obligated? Ask Soma
Q: An employee recently asked me for a day off for a religious holiday that I've never heard of. Do I have to pay for the day if it's not a statutory holiday? A: The simple answer is that an employer is not obligated to pay an employee for a religious holiday that is not a statutory holiday. However, the Ontario Human Rights Commission (OHRC) states that when an employee requests time off to observe a holy day, the employer has an obligation to accommodate. ARTICLE CONTINUES BELOW In fact, the OHRC guideline notes that the employer should offer the employee options to have the time off without losing wages or using vacation time. Its policy position states that accommodation options could include special/compassionate paid leave, scheduling changes, overtime, use of lieu time, compressed work week arrangements, and if applicable, working on a statutory holiday. Business Opinion Soma Ray-Ellis: I'm in HR, and post-pandemic finding it hard to get employees to dress properly. Can I force a dress code? Ask Soma Employers certainly have the right to enforce a dress code, writes Soma Ray-Ellis, but the rules It is also important to note that an employer is not obligated to accommodate if the request causes what is referred to as undue hardship. The Ontario Human Rights Code considers cost, applicable outside sources of funding, and health and safety requirements when assessing whether accommodation would qualify as such. No other considerations can be taken into account under Ontario law. It is very difficult to meet the standard of undue hardship under Ontario laws, and it is much easier to work co-operatively with the employee. If you want to refuse accommodation you will have to provide figures, facts, and scientific data or opinion to substantiate your claim. ARTICLE CONTINUES BELOW ARTICLE CONTINUES BELOW The cost of doing that is typically higher than providing the accommodation. Factors such as business inconvenience, employee morale, customer and third-party preferences are not valid points when proving undue hardship. As you are aware, Ontario has nine public holidays: New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day, and Boxing Day. Of this list, Good Friday, Christmas, and Boxing Day are the only statutory holidays with religious roots. Business Opinion Soma Ray-Ellis: Show me the money! How will Ontario's new wage transparency law affect me? Ask Soma Starting next year, writes Soma Ray-Ellis, new Ontario pay transparency laws will require every Employers are still expected to accommodate religious holidays that are outside of these three. Collective Agreements also cannot act as a bar to accommodate. It is vital to be tactful and respectful when approached about religious requests. For example, some religions might require daily set time for prayer. The employee can easily make up the time or use their breaks/lunch to practise their faith. ARTICLE CONTINUES BELOW ARTICLE CONTINUES BELOW Keep in mind that the OHRC outlines that asking for information about an employee's religious beliefs and practices could breach their privacy and dignity. At the same time, employers must have enough information to allow them to meet their duty to accommodate. Therefore, an employee seeking accommodation must inform their employer of the needs associated with their religious practices. Business Opinion Soma Ray-Ellis: I recently resigned but regret it. Is there any way I can get my job back? Ask Soma The law on resignation is quite clear, Soma Ray-Ellis writes. However, as a general rule of thumb, the employer should take requests for accommodation in good faith, unless there is evidence that the request is not genuine. They should also limit requests for information to those reasonably related to establish legal responsibilities, assess needs, limitations or restrictions, and make the accommodation. The goal of accommodation is to provide everyone with a discrimination free workplace.
