Not working on Eid
Not working on Eid
Lydia, a Muslim, works as a customer service representative for a call center. Like every year, she wants to take a day of holiday for personal reasons, in order to celebrate Eid with her family. Her holiday request was refused this year because there is a very important meeting scheduled on that day, and she must be present.
Her manager says it is essential for the business to operate.
In this situation, what can Lydia do?
- A private or public employer can only refuse holiday for a religious celebration if it would cause problems for the company’s business. It is therefore the company’s responsibility to justify its refusal by demonstrating that the employee’s presence is essential.
- Consequently, the reason for refusing Lydia’s request must be properly identified. Her employer must provide proof that the business operations will be disrupted (e.g. if more than half of the employees have planned to be absent at the same time). As a last resort, Lydia can refer to the Défenseur des droits (public advocate/ombudsman): http://www.defenseurdesdroits.fr/en/our-actions