Public Employees Entitled to Two Additional Unpaid Holidays for Faith or Conscience
In an interesting effort to accommodate non-Judeo-Christian public employees, a new Washington law, which took effect on June 12, 2014, gives public employees an additional two unpaid holidays per calendar year “for reasons of faith or conscience.” The measure amends RCW 1.16.050, which had granted public employees one paid floating holiday per calendar year in addition setting out the legal holidays recognized by the State of Washington. The new law adds two unpaid holidays allows for accommodation of employees with holy days which do not coincide with state legal holidays. The bullet points of the new law are:
1. Affected Employers. The statute covers employees of the state and its political subdivisions, including all colleges, universities, counties, cities and towns. It also likely extends to municipal corporations such as fire districts and public transit agencies.
2. Covered Absences. The new law covers absences for “a reason of faith or conscience or an organized activity conducted under the auspices of a religious denomination, church, or religious organization.” This definition encompasses religious holidays, services and other activities organized by a religious organization, even if not inherently religious. The statute also applies to employees who desire time off for reasons of “conscience,” thus covering employees who do not belong to organized religions.
3. Denying Requests for Leave. Employers may deny requests for leave under the new law if the absence would impose “an undue hardship,” or if the employee’s presence is necessary to maintain “public safety.”
4. Implementation. Although employers have a previous obligation under the Washington Law Against Discrimination to accommodate employee religious beliefs, this new statute creates a clear entitlement for two unpaid holidays each year. The new law requires that “local government employers” adopt guidelines implementing the new leave entitlement by ordinance or resolution of their legislative authority. Other public employers should implement the statute by adopting guidelines in personnel policies and procedures. These guidelines should explain the process for requesting leave, specifying where the request should be directed, the amount of required advance notice, and the person responsible for evaluating the request.