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February 13, 2012
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Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling
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Jim Carney: Wrong number call may have saved her life
Reza Kahlili : Ex-CIA spy in Iran's Revolutionary Guard: What Obama doesn't grasp about striking deals with Tehran
Tina Susman: For woodchuck rescuer, every day is Groundhog Day
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Brian Bennett: US officials see increasing threat of domestic attack from Iran
Emily Brandon: How to Take Advantage of New 401(k) Fee Disclosures
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January 30, 2012
Paul Richter and Ramin Mostaghim: Misreading Teheran's limits -- deadly and economically devastating as they may be -- is a risk administration, Europe seem willing to take
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Meg Handley: Banks Revamping Rewards Programs to Woo Customers
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Yochonon Donn: In liberal New York City, fervently-Orthodox Jews may soon be getting a district to call their own
Jeannine Stein: An inflated ego and thinking you're 'all that' doesn't just make others sick of you, it can make you ill
Katy Hopkins: New budget rules may affect how much money you get for college
January 26, 2012
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Jeannine Stein: Mental illness struck one in five U.S. adults in 2010: Report
January 25, 2012
Richard Simon: House passes two bills endorsing the use of religious symbols at military memorials
Fred Weir: Putin: Multiethnic Russia cannot survive as a US-style 'melting pot'; must find its own way
Susan Johnston: 5 Sneaky Coupon Strategies Consumers Should Watch Out For
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Warren Richey: Drug criminal scores win in GPS ruling from conservative-leaning high court
Erika Bolstad: Black conservatives gather to talk about gaining strength
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Stephen Ceasar: Oklahoma's Islamic law amendment can't go into effect, court rules
January 10, 2012
Reza Kahlili: From an ex-CIA spy: US must exploit new split in Iran's Revolutionary Guard
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January 9, 2012
Michael Doyle: Put through legal hell over dream home, couple fought back hard --- all the way to Supreme Court
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Jewish World Review
Nov. 7, 2005
/ 5 Mar-Cheshvan, 5766
Overtime for lost time
By
Rabbi Dr. Asher Meir
Can an employer demand overtime when vacation days disrupt routine?
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Q. I gave my boss months of advance notice of my need to take vacation days during the fall holidays (Rosh Hashana, Yom Kippur, Sukkos, Simchas Torah), but she is still upset at the disruption and is demanding that I work overtime to make up some of the lost time. Is this a fair demand?
A. This question is relevant for employees who wonder if they are being put upon, as well as for employers who want to adopt a fair policy to workers whose off-day needs are off the beaten track, for religious or personal reasons.
The obvious answer is that both sides need to display flexibility. The employer should try and see if the employee's needs can be accommodated with a little bit of good will, while the employee needs to display understanding towards the needs of the workplace. Let's see what lessons Jewish tradition bears for the exact boundaries of this mutual accommodation.
What is considered "duress" on the part of the worker? The Shulchan Aruch (The Code of Jewish Law) rules that a worker is not allowed to take off from work when leaving would cause a loss to the employer. But an exception is made in the case of duress; the examples given are when the worker or a close family member become ill, or when they are confronted with mourning. (1)
But the employer also has to show flexibility. Any absence can cause a loss if the employer doesn't take steps to prevent it, but the employer has a case against the worker only if he was unable to rectify the problem in some other way, for example by hiring substitute workers.
Likewise, the loss has to be genuine. Employers have a legitimate interest in having worker attendance be regular, but they can't create sanctions for an excused absence when the only "loss" is loss of routine. We can learn this from the Torah prohibition against employing an indentured servant in "crushing" labor (Leviticus 25:43). Rashi's commentary explains that "crushing" labor doesn't mean difficult tasks which crush the body, but rather unnecessary tasks which highlight the employer's dominance and thus crush the spirit. (2)
Requiring adequate "face time" (time spent in the workplace together with co-workers) is not in itself an arbitrary demand; it is necessary for teamwork and for generating a good workplace routine. But when the worker's need for flexibility is due to true duress, such as religious obligations, physical disability, etc. then the employer is acting unfairly by failing to make reasonable accommodations.
Sometimes worker absence, even if it is unavoidable, creates a genuine and unavoidable hardship for the employer. In these cases the worker should show understanding for employer demands to make up the shortfall, for example by putting in extra hours. But employers need to ask themselves if the hardships are genuine and unavoidable; if the only loss is a break in routine, or if a little forethought could keep things running smoothly, employers should accommodate the occasional "exceptional" absence without making punitive demands.
SOURCES: (1) Shulchan Aruch, Choshen Mishpat 333:5. (2) See also Maimonides Code, Avadim 1:6.
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THE JEWISH ETHICIST, NOW IN BOOK FORM
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JWR contributor Rabbi Dr. Asher Meir, formerly of the Council of Economic Advisers in the Reagan
administration, is Research Director of the Business Ethics Center of Jerusalem, Jerusalem College of Technology.
To comment or pose a question, please click here.
Previously:
Is it unethical to play suppliers against each other to get the lowest bid possible?
Do family members have precedence in charity allotments?
What the world of business can teach us about our annual process of repentance and renewal
Are religious leaders subject to criticism?
Vindictive Vendor: How can I punish an abusive competitor?
Blogging Ethics: Is the blogger responsible for defamatory posts?

© 2005, The Jewish Ethicist is produced by the JCT Center for Business Ethics
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