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Unpaid Religious Holidays

    June 30, 2014

    Earlier this year, the legislature passed and the governor signed Substitute Senate Bill 5173 creating two unpaid holidays per calendar year for public sector employees for “reason of faith or conscience or an organized activity conducted under the auspices of a religious denomination, church, or religious organization.” (Effective June 12, 2014)
     
    The bill states, in part, as follows:
     
    “The employee may select the days on which the employee desires to take the two unpaid holidays after consultation with the employer pursuant to guidelines …. In our opinion, this means all public employers need to draft and pass a specific ordinance or resolution establishing the availability of these new unpaid religious holidays.” If the employee prefers to take the two unpaid holidays on specific days for a reason of faith or conscience, or an organized activity … the employer must allow the employee to do so unless the employee’s absence would impose an undue hardship on the employer or he employee is necessary to maintain public safety. (Undue hardship is defined in WAC Section 82-56-020.)
     
    In addition to this new law, the Washington Supreme Court recently ruled that all Washington employers must reasonably accommodate an employee’s religious beliefs (see Kumar v Gate Gourmet, Inc.). In Kumar, the Supreme Court ultimately agreed with the employees and overturned a lower court decision, holding that Washington employers had an affirmative duty to accommodate an employee’s bona fide religious beliefs that conflicted with the employee’s job duties. The employer does not have to make an accommodation that would constitute an “undue hardship”.
     
    This case emphasizes the need to take all requests for religious accommodation seriously. All employers should consider adding language to their personnel policies regarding religious accommodation and actively evaluate ways to accommodate an employee’s religious beliefs.
     
    If you have questions about this case or would like assistance in updating or revising your personnel policies, please give me a call or send me an e-mail.
     
    Gil Sparks, JD, SPHR
    Attorney at Law
    gsparks@omwlaw.com
    509-662-1594