My employee just requested time off at the last minute to participate in a protest. The deadline for time off requests has already passed. What do I do?
Approve it. There will be times extraordinary circumstances arise that aren’t known before the deadline, so consider this the same way.
But I already have other employees off, and I won’t be able to meet productivity.
Do your best to work it out.
In the wake of a number of tragic deaths, including George Floyd’s, protests have arisen in a number of cities across America calling for justice and equality. As these protests continue, it’s likely that you have employees requesting time off from work to participate, so this is a good opportunity to review your policies and be prepared to respond consistently.
Consider that your response shows what your company truly stands for. In this particular case, justice and equality are being called for – ideals which most companies would say they support. You may state your support, but if you make it difficult for your employees to show their support, what do you truly value?
What about the precedent this sets for future protests about other topics, especially ones I may not agree with?
You have the option to consider the current social justice protests as a unique circumstance, but be aware that you can find yourself on a slippery slope in the future. Approving time off for some causes but not others can seem like favoritism toward like-minded employees. Companies showing support for certain causes makes sense, but only supporting like-minded employees can lead to unhealthy workplace dynamics. You could certainly use these current circumstances to try out an approach and see if it works for your company; just know that you’ll need to use this as a springboard to develop your long-term company policy.
The pizza chain &pizza recently made headlines for providing employees with 3 additional days of PTO “to participate in activism of their choosing.” Employees may tend to be hesitant to explain that they want time off to participate in a protest because they don’t know how that will be received, so offering additional time off is a great way to show your employees that you support them in their desire to advocate for positive changes.
Even if your company isn’t ready to offer additional time off, you can establish a culture of support for activism. This type of culture can be very meaningful for employees as well as customers. Let your employees know that you value each of them and support them in their efforts to improve society. This type of company culture means respecting and supporting each other’s rights to participate in activism, including if others choose not to participate or support a cause you don’t agree with.
When you do receive a time off request, respond consistently. Do your best to approve the requests just like you would in any other circumstance. Consider asking the employee to find his/her replacement for the shift or offering overtime to fill in. If you’re having difficulty figuring out how to approve it due to productivity or safety needs, ask the employee to help you come up with a solution. To avoid last-minute callouts or no-call no-shows, you can set an expectation of communication that employees must submit their requests as soon as possible and have them approved just like they would for any other time off request.
It’s also important to keep in mind that absences may be protected under the National Labor Relations Act. The Society for Human Resource Management (SHRM) explains that, if the reason for the advocacy is directly related to working conditions, then the absences are protected and can’t be denied. If the protest relates to pay or benefits, for example, then it might be protected. What’s “directly related” depends on the particular company and protest, so it’s best to obtain guidance from legal counsel before denying leave or taking disciplinary action.
Ultimately, how you respond to time off requests to protest will demonstrate the true values of you as a leader and of your company overall. Make sure it’s the message you intend to send.
Photo credit: By serezniy / Canva
