Struggling to Get Leave for Religious Practices: What Are My Rights and Options?

Hi friends,

I am working as a Manager in Learning & Development. My organization is not allowing me to take leave for practicing my religious traditions and customs. I have more than 30 days of paid leave to my credit and had also informed my employer 15 days in advance regarding the same; however, there was no response. I am based out of Mumbai currently on official duty in the south.

My constitutional right of freedom to practice my religion and customs is affected. What remedies can I have? I also expect negative behavior from my boss. I only have 2 days left.

Regards,
PT

Dear Prashant,

First of all, let me say that leave is not a right of an employee, but it can be refused according to the requirements of the organization. Let us take it in good spirit that as a Manager, your presence in the office is badly required during the time you have sought leave. Just by refusing leave, don't make a decision to leave because if you are jobless, you have no option to apply for leave! It would be better to apprise your boss of your urgency and of your presence at the function. He will agree.

Regards,
Madhu.T.K

Dear Mr. Prashant,

I completely agree with Mr. Madhu. Maybe your boss refused your leave for genuine reasons, just like he would have refused the leave any other time. Please do not link it with religion. Also, I don't think your boss or your company is affecting your constitutional rights. The right to practice any religion means that you are free to choose which religion you want to belong to and not that you should be mandatorily exempted from work to adhere to your religious customs.

Kindly speak to your boss about the importance of your presence at home and try to convince him. Leaving your job just for this reason seems a little hasty and immature.

Hello All,

I just want to know what is meant by ML (which type of leave it considers). Please reply.

Regards, Priti

Hi all,

When I agree with the views expressed, would like to add this.

When a manager who had informed about his leave 15 days in advance and never received a response, he should have immediately checked the status of his leave application. In the meantime, he should have referred to his company's policy, rules, and regulations, in which this clause should have been incorporated.

Secondly, it's the responsibility for each one of us to pay due attention to our personal life as well. Maybe the management would not have allowed the employee to be on long leave. If that is the case, he could have been allowed to be on leave for a shorter period instead of completely refusing it and behaving differently towards the employee just because he had applied for a long leave. - Saravana Rajan.

Hi all,

Thank you all for helping me out. I definitely understand that the right to grant leave to an employee may be refused by his supervisors in case of organizational requirements, which is very much acceptable. But what does an employee do when he was told verbally to go ahead with the leave and at the time of execution, a complete U-turn by the boss. (I have not availed any leave since December 07. I have already stayed approximately 95 days in a hotel till date on official calls).

Nor would I like to mix religion with profession as both are two different affairs. However, what do we say when some people in the same office are allowed special timing and breaks on a particular day even during business hours?

All my efforts to convince him have failed, and the fact is the kind of work which we have been asked to undertake at the current place of posting is something which we can very well do at my home location. On asking the reason for the same, there is no response from the higher-ups.

Being in Learning & Development, where we constantly talk about company core values, missions, and various policies and are responsible for inculcating and practicing the company culture, it pains me to see that the people in HR itself just take all only at face value and do not believe or practice the same.

Regards,

Prashant Talpade

I DON'T AGREE WITH YOU TWO ABOVE, PEOPLE :-x

So even if we are sick, can the management refuse the leave? Even if, suppose, an employee has a very important meeting, or a very, very important deal, and if they fall sick, can you dare to call them? Will you dare??? What if their condition worsens, how come you people tell that leave is not a right of the employee? This is a very sad situation, and it is a COMMON MENTALITY of HR and BOSSES to refuse leaves to employees. And unless the people change their mentalities, the situation is not going to improve.

Regards,
RAVI

I think Mr. Ravi has taken my post in a different way. Sorry to say that no HR person is going to call a person undergoing treatment, and no one is going to refuse leave if it is taken on genuine grounds. What I meant was to remind that leave could be refused if the urgency of the organization requires the employee to be present at the office. In the case of Prashant, it is very unfortunate. However, based on this case, it is not advisable to blame the entire HR team.

Regards,
Madhu.T.K

Hi, I feel that understanding the employees' personal life and requirements and ensuring that they are met are also part of HR's responsibility, since the employee is working for the organization. It is the moral responsibility of HR to take care of their employees.
The question here is why the leave has been orally approved and then refused? Many times leaves are orally granted, and due formalities are completed after the leave is enjoyed. I too agree it's not only the HR to be blamed - but why, in this case, is a senior treated in this way?
- Saravana Rajan

I agree with Mr. Madhu T.K. However, based on this case, it is not advisable to blame all HR personnel. I do not agree with D. Kumar, Manager - HR. How can he suggest leaving the company while holding the position of Manager - HR?

Chennai
Ajay Sharma