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Employee Requests Paid Time Off for Obscure Religious Holiday: Are Employers Legally Bound?

Employer not liable for non-statutory holiday pay, according to Soma Ray-Ellis; however, the Ontario Human Rights Commission (OHRC) maintains that employers ought to adjust to employee needs on non-statutory holidays.

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Employer not legally required to offer payment for non-statutory holidays, according to Soma...
Employer not legally required to offer payment for non-statutory holidays, according to Soma Ray-Ellis, but OHRC suggests employers should make accommodations.

Employee Requests Paid Time Off for Obscure Religious Holiday: Are Employers Legally Bound?

Laidback Legal Guide: Soma's tips for navigating employment law

Hey there! Soma, employment law columnist at Gardiner Roberts LLP, here to help you out. Shoot me your employment law queries at soma@our website.ca

Query: An employee has asked for a day off for a religious holiday that's new to me. Should I pay them for that day if it's not a statutory holiday?

Answer: While you're not obligated to pay for a religious holiday that's not a statutory holiday, it's important to remember that Ontario law requires employers to accommodate employees' religious practices and observances.

Under the Ontario Human Rights Code, employers must take steps to accommodate employees' religious needs, unless it causes undue hardship.

Offering time off without affecting the employee's wages or vacation time is generally the best approach, and the Ontario Human Rights Commission suggests several accommodation options. These can include special paid leave, schedule changes, overtime, using lieu time, or compressed work week arrangements.

However, undue hardship can only be claimed based on cost, health, and safety considerations. It's difficult to meet the undue hardship standard in Ontario, so it's usually more feasible to work co-operatively with the employee.

To refuse accommodation, you'll need to provide figures, facts, and scientific evidence to substantiate your claim. Factors like business inconvenience, employee morale, customer preferences, and third-party opinions are not valid points for proving undue hardship under Ontario law.

Ontario has nine public holidays, with only Good Friday, Christmas, and Boxing Day being statutory holidays with religious roots. Employers are still expected to accommodate religious holidays that are outside of these three. Collective agreements can't be used to bar accommodation.

It's always crucial to maintain a respectful approach when dealing with religious requests. For instance, some religions may require daily time for prayer, which can be accommodated by scheduling adjustments or using breaks/lunchtime.

Keep in mind that understanding an employee's religious beliefs and practices might breach their privacy and dignity. However, you must have enough information to accommodate their needs. Employees seeking accommodation should inform you about their requirements associated with their religious practices.

In general, employers should take all accommodation requests in good faith, unless there's evidence that the request is not genuine. They should only request information necessary to assess legal responsibilities, establish needs, limitations or restrictions, and make the accommodation.

The goal of accommodation is to create a discrimination-free workplace for everyone.

Remember that opinion articles are based on the author's interpretations and judgments of facts, data, and events.

Additional insights: Under the Ontario Human Rights Code, employers have a duty to accommodate employees' religious practices and observances, including religious holidays that are not statutory holidays. Employees have the right to request religious accommodations, like time off for religious observance or holidays. Accommodations can include flexible scheduling or modifying work duties. The duty to accommodate extends only up to the point of undue hardship, based on cost, health, and safety considerations. If an employer denies an accommodation request without legal justification, employees are protected under the Ontario Human Rights Code, and consulting a human rights lawyer can be beneficial.

  1. The Ontario Human Rights Code requires employers to accommodate employees' religious practices and observances, including new religious holidays, unless it causes undue hardship.
  2. Offering time off without affecting the employee's wages or vacation time is a common accommodation option for religious holidays.
  3. Employers are expected to accommodate religious holidays that are outside of the three statutory holidays (Good Friday, Christmas, and Boxing Day) in Ontario.
  4. Employers are not obligated to pay for a religious holiday that's not a statutory holiday, but they should take all accommodation requests in good faith.
  5. To refuse accommodation, employers must provide figures, facts, and scientific evidence to substantiate their claim, and business inconvenience, employee morale, customer preferences, and third-party opinions are not valid points for proving undue hardship.
  6. Maintaining a respectful approach is crucial when dealing with religious requests, and employees seeking accommodation should inform employers about their requirements associated with their religious practices.

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