Human Resource Blog

Changing Shifts

We have an employee that states he was hired in 8 years ago without the availability to work Fri and Sat. In his position he should be following a managers rotation that all the other managers are following. We are trying to enforce this policy at his location and we are requiring everyone to follow the rotation. There is no proof he was hired in with this restriction. The business needs require him to have open availibility for his Full Time position. Is there any backlash on us if I schedule him for a rotation that includes these days as long as I am requiring all the managers to work a similar rotation?

No, there is no potential problem in most states with changing this employees schedule, with one exception.

Even if there were an agreement in place 8 years ago when the employee was hired, the employer can unilaterally change that agreement  at any time. It could have been changed 7 years ago and it can be changed now. Business needs change, and employers must respond to them. To be on the safe side, simply inform all the managers in writing of the “new policy” that all managers at all locations will be sharing the rotation. (This is not news to the other employees, of course.)

The only exception would be if this were a reasonable accommodation for the employees sincerely held religious beliefs. For example, if he was an observant Orthodox Jew, he would not be able to work from sunset Friday to sunset Saturday, because that is the Jewish Sabbath. Employers must make reasonable accommodations for an employee’s sincerely held religious beliefs. In this case, you have already demonstrated that you can operate the location with this manager off on Friday and Saturday. For that reason, the EEOC might very well require that you continue to offer this religious accommodation, unless you can show it is an undue hardship for you.

However, even if this were a religious accommodation, the employee must be able to work until an hour or so before sunset on Friday, and on other days like Sunday, Thanksgiving and Christmas — because his religious accommodation would not extend to those days.

A few states have laws that permit each employee one day per week off for religioius observances. However, it appears that you are not in one.

If the employee does not have religious grounds for being off on Friday and Saturday, there is absolutely no problem here.