Religious Leave

The Management Advantage, Inc.

Religious Leave

This information is intended to be a summary of laws and regulations applying to California employers. It should not be construed as legal advice. If further information is needed, please contact your labor attorney.

Federal	Condition	California
Yes - Employers with 15 or more workers, except religious associations or corporations. (Civil Rights Act of 1964, Title VII)	Required?	Yes - Employers with 5 or more workers, except religious associations or corporations. (Fair Employment and Housing Act [FEHA])
Employer Choice	Paid/Unpaid?	Employer Choice
Employees with an "identifiable religious belief."*	Applies to?	Observance such as Sabbath or other religious holy day and reasonable time for necessary travel to and from.
Observe the Sabbath or special religious practices.	Reasons for leave?	Observe the Sabbath or special religious practices.
Limited to length which is practical and timing governed by religious observance or practice itself.	Duration?	Limited to length which is practical and timing governed by religious observance or practice itself.
Yes. Discipline or discharge for leave request is prohibited.	Guaranteed return to work?	Yes. Discipline or discharge for leave request is prohibited.
Same job.	Guaranteed job assignment?	Same job.
None. Employee can be asked to sign request stating reason.	Employer verification?	None. Employee can be asked to sign request stating reason.
EEOC complaint. Federal court for injunctive relief, back pay, reinstatement, attorney's fees & costs.	Penalties for failure to comply?	DFEH complaint. State court for injunctive relief, back pay, reinstatement, attorney's fees & costs.

* Religious belief is defined broadly by EEOC regulations as "moral or ethical beliefs as to what is right and wrong, which are sincerely held with the strength of traditional religious views." Beliefs must be sincere, meaningful, and occupy a place in the life of their possessor parallel to that filled by the orthodox belief in God of one who clearly qualifies for the exemption.

California law defines religious belief or observance as observance such as Sabbath or other religious holy day or days, and reasonable time necessary for travel prior to and subsequent to a religious observance.

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