PUBLIC EMPLOYMENT ALERT:

Employees Soon to be Entitled to Unpaid Holidays for Religious Purposes

In an effort to accommodate differing faith communities whose religious holidays do not align with those recognized by the State, the Washington State Legislature in the 2014 legislative session passed SSB 5173, amending RCW 1.16.050 (relating to designated legal holidays). Effective June 12, 2014 the State and its political subdivisions must allow employees two unpaid holidays per calendar year for “a reason of faith or conscience or an organized activity conducted under the auspices of a religious denomination, church, or religious organization,” unless the employee’s absence would impose an undue hardship on the employer or the employee is necessary to maintain public safety. Employees may select the days on which they desire to take the two unpaid holidays after consulting with the employer. The legislation does not expound upon what constitutes a “reason of faith or conscience” or provide guidelines for evaluating requests for unpaid holidays for these purposes. What constitutes an “undue hardship” will be determined by a rule to be adopted by the Washington State Office of Financial Management.

From a practical perspective, public employers will likely need to evaluate requests for unpaid religious holidays on a case‐by‐case basis, to determine whether the request falls within the tenets of the new law; however, given the legislative intent to recognize a wide‐array of faiths and beliefs, most leave requests based on a good‐faith religious, spiritual or philosophical belief or doctrine will likely qualify for the unpaid holiday. In anticipation of the June 12 effective date, public employers should review and revise their written holidays policy to incorporate the unpaid holidays requirement and to provide a process for administering these leave requests.

Media Contacts:

Katherine Koehler
Firm Administrator
Phone: 425.455.1234
Fax: 425.635.7720 
kkoehler@insleebest.com

Jennifer M. Iverson
JMI Marketing, Ltd.
Phone: 425.396.5133
Cell: 206.321.3220
jennifer@jmimarketing.com