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off due to religious holiday? anyone know.... - sm

Posted: Jan 15, 2015

if your employer has to give you the day off WITHOUT you using your PTO for a religious holiday you celebrate, such as Easter ???

Thank you.

Nope - ss

[ In Reply To ..]
Actually you have to request any holidays off and if granted use your PTO. I don't know if they will let you take it without pay if you don't have PTO. Will have to ask your TSM about that situation.

yes but... - sm

[ In Reply To ..]
I heard a while ago that places have to allow you off if it is for a religious holiday and it is your religion of course. I know students can get an excused absence for taking off a religious holiday as well such as "good Friday." Since Nuance is a work from home company I was wondering if they have to follow this (legally) as well if it still stands today (legally).

Yes but - Nick

[ In Reply To ..]
I am a law student (NOT yet a lawyer!) but I do not believe they have to give it to you. That said, as another poster said, if they are decent people, they will do it. Right off the top of my head, I cannot recall any statutes that apply as far as making them do it, though something might exist that I don't know about.

That would be soooo cool - xx

[ In Reply To ..]
Everyone could just claim to celebrate every conceivable religious holiday from every religion and hardly ever have to work but still get paid for all that time off!

obviously that is not what I meant.. - sm

[ In Reply To ..]
Good Friday always falls on a Friday obviously and school is usually in and also work schedules. I believe if you are a Christian your employer would have to allow you to take the day off if you were observing it. I know Muslim holidays fall at different times too and I believe an employer would have to allow you off for that by law. They used to. I was just wondering if it is still law. There are not that many religious holidays so people would not be taking off all the time. Nuance has strange polices on PTO/taking off, etc. so I was curious if anyone knew.

Holidays - ss

[ In Reply To ..]
They, like a lot of companies, clump your sick days, vacation days, holidays all into a category classified as PTO. You do receive extra pay if you work some of the holidays, but otherwise you choose whether to take that time from your PTO pool or not, if you are granted the time off. I think most of the 24 hour operations work like this. Working at home, most of us just find a way to work around it. If I don't get a holiday I want off, my TSM will usually let me schedule my shift around so I can participate in the festivities and still complete my work. Hope this helps.

Just curious - Nick

[ In Reply To ..]
You state "they used to." Can you state a statute or source? Not arguing, just would like to know. Thanks.

N treats every holiday as a work day if you are scheduled that day - request PTO, you should get it off

[ In Reply To ..]
ssss

Sooo cool - Anna-Marie

[ In Reply To ..]
If people abuse it like that, it will ruin it for people who have legitimate need to be off.

Religious holidays - Jewish girl

[ In Reply To ..]
I don't think there is any law that MAKES them give it to you, but if they are decent people, they will do it. I once worked for a hospital that accidentally scheduled a training on Yom Kippur. They had not realized the significance of the date and were apologetic about it and said people who did not want to come in that day could make it up later.

No law for holidays in the US - Holidayopinionated

[ In Reply To ..]
There is no law in the US that says a company has to give their employee the day off to observe.

Most hospitals have skeleton crews where they can on a holiday, and those that work end up getting premium pay for having to work it.

I would request the time off, either with PTO or without it. As it is "first come first served" at Nuance, your chances are slim.

Hopefully it won't be like the last 2 holidays, where we were forced to work and there wasn't any work and ended up OOW anyway (ridiculous). They should ask for volunteers first, that way the folks who might really want the 1.25 multiplier for their lines can work and get steady work on the holiday, instead of dozens of people vying for a job as it is dictated, just to end up OOW and ultimately being paid make up pay because of the stupid 15 minute rule.

Whew - I feel better now. V E N T

Good luck!

probably NOT - rock bottom

[ In Reply To ..]
Well in some amendment to the constitution we threw out a number or reasons they cannot discriminate, and the list gets longer. Religion was in there from the get go a long time ago.

When thinking of discrimination, look both ways. They cannot discriminate against you and neither can they intentionally discriminate FOR you.

So my guess is if they want to be nice and you ask now, you could have the time slated off.

Legally, you do have to take any accrued time off before you can take leave without pay. This is regardless of what your reason for taking off.

It ties into a whole lot of other rules/regulations, etc. So if you take 2 weeks off without pay, but you have PTO still available, when do they start the clock for your COBRA, etc. The math becomes more complex than they can handle. So you have to run out of any paid time off before you use unpaid. your last paid time off starts a new clock ticking, and it is just easier to keep the math straight.

However, flexing is always a nice alternative.

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