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Force time off due to religious holiday

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  • Oct 3rd, 2019 4:26 pm
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Sep 12, 2015
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Force time off due to religious holiday

Hi,

Has anyone experienced a scenario where employees are forced to have to take a day unpaid because of a religious holiday observed by the company?

To me, it doesn't make sense. If the employer wants the employee to take the day off unwillingly, it shouldn't be at the expense of an unpaid day.
Last edited by Androidmarshmellow on Oct 4th, 2019 12:46 pm, edited 1 time in total.
34 replies
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Mar 22, 2012
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I think this is similar to when some businesses close an extra few days during Christmas and not paid as it is written in their books.
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Sep 12, 2015
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johanscott wrote: I think this is similar to when some businesses close an extra few days during Christmas and not paid as it is written in their books.
but that's for everyone... in this case, it's because majority of the company is one religion so it's forcing everyone else who is not that relgion to take that religious holiday off...
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Oct 11, 2005
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no different when companies close between christmas and new years and it is a forced vacation. Use vacation days or take it as unpaid time off - many companies do this.
Androidmarshmellow wrote: but that's for everyone... in this case, it's because majority of the company is one religion so it's forcing everyone else who is not that relgion to take that religious holiday off...
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Sep 12, 2015
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x95zsk wrote: no different when companies close between christmas and new years and it is a forced vacation. Use vacation days or take it as unpaid time off - many companies do this.
but the focus here is not christmas or new years. It's for a specific religious holiday and the employees are mostly of that religion. The ones who are not that religion is forced to take unpaid time / vacation
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Jan 2, 2015
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Androidmarshmellow wrote: but the focus here is not christmas or new years. It's for a specific religious holiday and the employees are mostly of that religion. The ones who are not that religion is forced to take unpaid time / vacation
Technically Xmas is religious holiday. I think it would depend on the employment contract. I know of a company that does a production shut down for a week and no one gets paid for that week. I would check with your employment standards on what is allowed.
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Macx2mommy wrote: Technically Xmas is religious holiday. I think it would depend on the employment contract. I know of a company that does a production shut down for a week and no one gets paid for that week. I would check with your employment standards on what is allowed.
the employment contract does have this condition listed but i would have thought it cannot be above the ESA.
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Androidmarshmellow wrote: the employment contract does have this condition listed but i would have thought it cannot be above the ESA.
The employer has the right to list any days they want to shut down. If it's stated in the employment contract, then I am not sure what you could do about it. If the majority of the employees are not there, and the employer has shut down, then you can't force them to allow you to work. You are not being forced to observes their religious holiday during your mandatory day off.
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Macx2mommy wrote: The employer has the right to list any days they want to shut down. If it's stated in the employment contract, then I am not sure what you could do about it. If the majority of the employees are not there, and the employer has shut down, then you can't force them to allow you to work. You are not being forced to observes their religious holiday during your mandatory day off.
The office did not shut down... they are keeping some staff
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Androidmarshmellow wrote: The office did not shut down... they are keeping some staff
The fact is the company is telling you there is a mandatory day off work without pay for you. They are in their right to do so. If it bothers you, then take it up with the company or employment standards. No here can give you any more facts than that. From what I can tell, it doesn't sound like they are doing anything illegal, but all of these things are subject to interpretation. Go speak to the official sources.
On a 'smart' device that isn't always so smart. So please forgive the autocorrects and typos. If it bothers you, then don't read my posts, but don't waste my time correcting me. If you can get past the typos, then my posts generally have some value.
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Macx2mommy wrote: The fact is the company is telling you there is a mandatory day off work without pay for you. They are in their right to do so. If it bothers you, then take it up with the company or employment standards. No here can give you any more facts than that. From what I can tell, it doesn't sound like they are doing anything illegal, but all of these things are subject to interpretation. Go speak to the official sources.
i agree that I have to take it to employment standards but just wondering if people here has experienced similar situations and was able to find ways out of this.

Thanks!
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Sep 23, 2007
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That said, are you paid hourly or on a salary? If salaried, Is the forced vacation going to result in total annual income less than stated in your employment contract? If it is hourly, then imagine I open a restaurant. I need a day off once a week out of personal choice and I choose to be closed every Monday. Then a server complains that I should be opened Monday so he/she can have more hours.

Whatever the case, I don't think there is a lot of practical recourse. Do you like the job? You cool with your colleagues and manager? Do you want to be "that guy" who raises a fuss? As long as the rule applies to everyone, you can't cite discrimination. As soon as you raise a fuss you will probably be ostracized by everyone in the company, thus ending your future here. Also, the amount is probably not that large. If this bothers you a lot, I suggest you just find another job. Quite a lot of people would be happy to take some time off. Some companies even offer an option for you to buy extra vacation days.
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BananaHunter wrote: That said, are you paid hourly or on a salary? If salaried, Is the forced vacation going to result in total annual income less than stated in your employment contract? If it is hourly, then imagine I open a restaurant. I need a day off once a week out of personal choice and I choose to be closed every Monday. Then a server complains that I should be opened Monday so he/she can have more hours.

Whatever the case, I don't think there is a lot of practical recourse. Do you like the job? You cool with your colleagues and manager? Do you want to be "that guy" who raises a fuss? As long as the rule applies to everyone, you can't cite discrimination. As soon as you raise a fuss you will probably be ostracized by everyone in the company, thus ending your future here. Also, the amount is probably not that large. If this bothers you a lot, I suggest you just find another job. Quite a lot of people would be happy to take some time off. Some companies even offer an option for you to buy extra vacation days.
Paid full-time hourly.

The rule was set by the previous owner who later sold the compnay. Just wondering if it can be changed but i do agree that if i cause a fuss, my days at that company may be numbered.
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Androidmarshmellow wrote: Paid full-time hourly.

The rule was set by the previous owner who later sold the compnay. Just wondering if it can be changed but i do agree that if i cause a fuss, my days at that company may be numbered.
Since you are paid hourly, the whole office is not shut down, and this was written in your contract agreement, I would try a different approach that won't tick off every else. Instead of asking if the policy can be changed, thus pissing off all of those who do use the day off for religious reason, ask your employer if you are able to work the day with pay. If there is work that can be done without your colleges, this would be on solution. Otherwise, I would suggest finding a new company if this bothers you so much. I view it as this rule was in place before you accepted the job, you were aware of the rule as it was in your contract, but now you want to change it, even though others are fine with it.
On a 'smart' device that isn't always so smart. So please forgive the autocorrects and typos. If it bothers you, then don't read my posts, but don't waste my time correcting me. If you can get past the typos, then my posts generally have some value.
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Sep 12, 2015
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Macx2mommy wrote: Since you are paid hourly, the whole office is not shut down, and this was written in your contract agreement, I would try a different approach that won't tick off every else. Instead of asking if the policy can be changed, thus pissing off all of those who do use the day off for religious reason, ask your employer if you are able to work the day with pay. If there is work that can be done without your colleges, this would be on solution. Otherwise, I would suggest finding a new company if this bothers you so much. I view it as this rule was in place before you accepted the job, you were aware of the rule as it was in your contract, but now you want to change it, even though others are fine with it.
they wont allow me to work that day and say that's whats stated on your contract. By signing it, you agree to the terms...
yep... exactly that..
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Androidmarshmellow wrote: they wont allow me to work that day and say that's whats stated on your contract. By signing it, you agree to the terms...
yep... exactly that..
If you have already had the conversation, then I think you have your answer. You either rock the boat and try to change a rule that was there before you, and others still want it or find another company or just move on for the one day if everything else is good. They are right, you agreed to the terms of the contract (which are not illegal), and now you want them to change it?
On a 'smart' device that isn't always so smart. So please forgive the autocorrects and typos. If it bothers you, then don't read my posts, but don't waste my time correcting me. If you can get past the typos, then my posts generally have some value.
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Mar 22, 2012
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Androidmarshmellow wrote: but that's for everyone... in this case, it's because majority of the company is one religion so it's forcing everyone else who is not that relgion to take that religious holiday off...
What do you mean? Not everyone celebrates Christmas either.

Majority of the businesses can close for specific days with limited staff if it is mentioned as part of the policies. Your offer should have said something like you work 37.5 hours over 5 days and these are the days we do not work.
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Androidmarshmellow wrote: but that's for everyone... in this case, it's because majority of the company is one religion so it's forcing everyone else who is not that relgion to take that religious holiday off...
It's not for everyone, depending on the company. Lots of companies shut down over the Christmas period but keep a skeleton crew around to man the phones, keep things running, etc. And other people in the company are required to take the time off whether they celebrate Christmas or not.

You signed the contract, so I don't think you have a legal leg to stand on. If you want to make waves, you do so at your own risk.

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