From the Hotline: Providing Time for Religious Holidays
Question: We do not give our staff floating holidays and only observe 10 holidays per year. How do we allow for staff who observe various religious holidays the time to do so, without giving them more personal time than staff who do not?
Answer: Employers are required to accommodate time off for religious practice, but are not required to pay for the time off. For employees who are nonexempt, the company should work with the employee to determine how much time off will be needed, and decide whether they will require the employee to use his or her available personal time off (PTO) before taking the unpaid time off for religious accommodation. It is important to note that although your policy needs to be applied consistently, different religions will require different amounts of accommodation. As a result, your pay practices should be consistent and aligned with the requirements of the religion. If employees requiring religious accommodation are exempt and taking partial days off, deductions may be made from their accrued paid time off banks and they must be paid their full salary according to FLSA rules.