Re: MUSLIM PRAYERS DURING WORK HOURS
Posted: Wed Jan 06, 2016 8:36 pm
[quote author=MCDavis link=topic=36529.msg155218#msg155218 date=1452110069]
Directly from the Dept. of Labor:
[i][b]Breaks & Meal Periods
Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the work week and considered in determining if overtime was worked. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and any extension of the break will be punished.
Bona fide meal periods (typically lasting at least 30 minutes), serve a different purpose than coffee or snack breaks and, thus, are not work time and are not compensable.[/b][/i]
Breaks are not required. If you get one, be glad you do. And no, religious beliefs are absolutely not a reason for multiple breaks during the day regardless of what religion it is.
[/quote]
From the same source:
Religious Accommodation
Title VII requires federal agencies, upon notice of a request, to reasonably accommodate employees whose sincerely held religious beliefs, practices or observances conflict with work requirements, unless the accommodation would create an undue hardship.
What is a religious accommodation?
A religious accommodation is any adjustment to the work environment that will allow an employee or applicant to practice his or her religion. The need for religious accommodation may arise where an individual's religious beliefs, observances or practices conflict with a specific task or requirement of the position or an application process. Accommodation requests often relate to work schedules, dress and grooming, or religious expression in the workplace. If it would not pose an undue hardship, the employer must grant the accommodation.
What is an undue hardship?
An agency may justify a refusal to accommodate an individual's religious beliefs or practices if the agency can demonstrate that the accommodation would cause an undue hardship. An accommodation may cause undue hardship if it is costly, compromises workplace safety, decreases workplace efficiency, infringes on the rights of other employees, or requires other employees to do more than their share of potentially hazardous or burdensome work. Undue hardship also may be shown if the request for an accommodation violates the terms of a collective bargaining agreement or job rights established through a seniority system. Undue hardship based on cost requires that the agency show more than a de minimis (minimal impact upon the agency's business) cost to the agency. The hardship upon the agency must be genuine and cannot be merely speculative.
How does a religious accommodation process work?
In requesting an accommodation, an employee or applicant is not required to use "magic words" (such as indicating that he or she is seeking "an accommodation"). However, an employee or applicant must make the agency aware of the need for an accommodation based on a conflict between the individual's religious belief or practice and their work duties or the agency's application process. The request for an accommodation may trigger an interactive process, particularly if the employer reasonably needs more information, between the responsible management official and the individual making the request to discuss the request and assess available options.[b] Examples of religious accommodations may include: scheduling changes (arrivals, departures, floating/optional holidays, flexible work breaks and any other scheduling changes); voluntary shift substitutions and/or swaps; job reassignments, such as changes of position tasks and lateral transfers; and modifications to workplace practices, policies and procedures.[/b] An accommodation may also involve designating an unused or private location in the workplace where a religious observance or practice can occur if it is disrupting other workers. The need for accommodations may also apply to such things as dress or grooming practices that an employee has for religious reasons. These might include, for example, wearing particular head coverings or other religious dress (such as a Jewish yarmulke or a Muslim headscarf), or wearing certain hairstyles or facial hair (such as Rastafarian dreadlocks or Sikh uncut hair and beard). It also includes an employee's observance of a religious prohibition against wearing certain garments (such as pants or miniskirts).
Directly from the Dept. of Labor:
[i][b]Breaks & Meal Periods
Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the work week and considered in determining if overtime was worked. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and any extension of the break will be punished.
Bona fide meal periods (typically lasting at least 30 minutes), serve a different purpose than coffee or snack breaks and, thus, are not work time and are not compensable.[/b][/i]
Breaks are not required. If you get one, be glad you do. And no, religious beliefs are absolutely not a reason for multiple breaks during the day regardless of what religion it is.
[/quote]
From the same source:
Religious Accommodation
Title VII requires federal agencies, upon notice of a request, to reasonably accommodate employees whose sincerely held religious beliefs, practices or observances conflict with work requirements, unless the accommodation would create an undue hardship.
What is a religious accommodation?
A religious accommodation is any adjustment to the work environment that will allow an employee or applicant to practice his or her religion. The need for religious accommodation may arise where an individual's religious beliefs, observances or practices conflict with a specific task or requirement of the position or an application process. Accommodation requests often relate to work schedules, dress and grooming, or religious expression in the workplace. If it would not pose an undue hardship, the employer must grant the accommodation.
What is an undue hardship?
An agency may justify a refusal to accommodate an individual's religious beliefs or practices if the agency can demonstrate that the accommodation would cause an undue hardship. An accommodation may cause undue hardship if it is costly, compromises workplace safety, decreases workplace efficiency, infringes on the rights of other employees, or requires other employees to do more than their share of potentially hazardous or burdensome work. Undue hardship also may be shown if the request for an accommodation violates the terms of a collective bargaining agreement or job rights established through a seniority system. Undue hardship based on cost requires that the agency show more than a de minimis (minimal impact upon the agency's business) cost to the agency. The hardship upon the agency must be genuine and cannot be merely speculative.
How does a religious accommodation process work?
In requesting an accommodation, an employee or applicant is not required to use "magic words" (such as indicating that he or she is seeking "an accommodation"). However, an employee or applicant must make the agency aware of the need for an accommodation based on a conflict between the individual's religious belief or practice and their work duties or the agency's application process. The request for an accommodation may trigger an interactive process, particularly if the employer reasonably needs more information, between the responsible management official and the individual making the request to discuss the request and assess available options.[b] Examples of religious accommodations may include: scheduling changes (arrivals, departures, floating/optional holidays, flexible work breaks and any other scheduling changes); voluntary shift substitutions and/or swaps; job reassignments, such as changes of position tasks and lateral transfers; and modifications to workplace practices, policies and procedures.[/b] An accommodation may also involve designating an unused or private location in the workplace where a religious observance or practice can occur if it is disrupting other workers. The need for accommodations may also apply to such things as dress or grooming practices that an employee has for religious reasons. These might include, for example, wearing particular head coverings or other religious dress (such as a Jewish yarmulke or a Muslim headscarf), or wearing certain hairstyles or facial hair (such as Rastafarian dreadlocks or Sikh uncut hair and beard). It also includes an employee's observance of a religious prohibition against wearing certain garments (such as pants or miniskirts).