Employer tips for Holiday Time Off Requests
As we head into November, employers can expect to see time off requests as workers look to celebrate the holidays. Whether for religious or secular observances, employers should be prepared to treat these requests with care to avoid any potential legal trouble. Here are some of the best ways companies can manage operations and employee time off around the holidays.
Set Expectations for Paid Time Off
In most states, including Wisconsin, employers are not legally required to offer vacation time to employees, whether paid or unpaid. Expectations for time off are fully based on employer-employee agreements. Because time off is such an important benefit around this time, it’s crucial to avoid confusion by clearly stating policies. It’s recommended that employers outline expectations in employment agreements and company handbooks that workers can refer to at their convenience. Once time off policies have been stated and agreed upon, employers are required to adhere to them or they risk being liable in a wage and hour claim. To further protect from liabilities, it’s also a good idea to remind workers of time off policies, especially ahead of popular vacation times.
Observe Religious Holiday Accommodations
The final quarter of the year also brings religious observances like Diwali, Hanukkah, and Christmas, where time off can fall within religious accommodations. Under Title VII of the Civil Rights Act and the Wisconsin Fair Employment Act (WFEA), employers need to provide reasonable accommodations for religious beliefs and practices, unless doing so would cause an undue hardship on business operations. Time off and schedule adjustments are reasonable accommodations so failing to provide them leaves employers vulnerable to discrimination cases. Employers should also make sure to treat holiday observances equally as to not open themselves up to further liability.
How to Avoid Liability
The best way to balance employer expectations and employee rights is to plan ahead, communicate clearly, and make sure policies are updated. Annual handbook and policy reviews are a great way to refresh time off expectations while keeping up with the ever-changing employment law landscape.
Another strategy to avoid claims from employees is to get a risk audit done. With this service, an employment law professional will analyze a business’ operations and see where potential claims may come from. The employer will receive recommended solutions to keep everything moving smoothly and free from legal trouble.
The attorneys at Walcheske & Luzi have the expertise to make sure your company properly handles time off requests. We frequently help employers refine and update handbooks, policies, and contracts to ensure potential liabilities are at a minimum. Start a conversationwith us to set up your consultation ahead of the holiday season.