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Your Rights During Ramadan

Know Your Rights at School and Work

This Ramadan, whether you need to request time off for Eid, take a short break so you can break your fast, change shifts so you don’t miss taraweeh, or skip P.E. for the month, CPHB has provided downloadable templates for you to use to request your accommodations. 
View Email Templates

What California Laws/Policies Protect Me?

There are many policies in California that protect the religious rights of students, especially in the month of Ramadan. 

K-12 Students

This policy grants students in K–12 a full day of excused absence time per semester for religious purposes.

 

Excused absences for religious retreats (effective Jan. 1, 2024)

Expanded the excused absence allowance for religious retreats from four hours to one full school day per semester. Students may not be penalized academically for taking this absence.

 

KEY PROVISIONS

  • One full school day per semester is permitted for attendance at a religious retreat.
  • Absence must be requested in writing by a parent or guardian and approved by the principal or their designee.
  • Students have the right to make up all missed assignments and tests for full credit.
  • Teachers must provide work that is “reasonably equivalent” to what was missed.

This policy accommodates students practicing religious fasting by offering them a modified exercise regimen or providing them academic assignments relating to physical education.

College Students

California Education Code, EDC § 92640 mandates that the University of California (UC) system must allow students to take tests or exams at an alternative time if their religious beliefs conflict, unless doing so poses an “undue hardship,” a burden of proof that falls on the institution. This policy ensures students aren’t penalized for religious observances, requiring campuses like UC Berkeley and UC Santa Barbara to develop procedures for religious accommodation requests, usually submitted early in the term. 

Key Aspects of EDC § 92640:**
Religious Accommodation: The core purpose is to accommodate students’ religious creeds regarding exams.
No Penalty: Students cannot be penalized for missing exams due to religious conflicts.
Undue Hardship Exception: An institution can deny accommodation if it causes an “undue hardship” that couldn’t reasonably be avoided, with the burden of proof on the university.
Application: Applies to the University of California system.
Procedure: Students typically request accommodations early in the academic term, often within the first two weeks. 
In essence, California Education Code § 92640 protects students’ right to religious observance by requiring universities to reasonably adapt exam schedules. 
https://help.professional.ucsb.edu/general-information/legal-information/religious-accommodation-and-observance

California Education Code (EDC) 89230 defines “Instructionally Related Activities” (IRAs) for the California State University (CSU) system, describing them as essential academic experiences (like labs, performances, athletics) partially sponsored by departments, integral to a quality education, and funded by student fees, supporting programs beyond core instruction but vital for student development.

California Education Code (EDC) 76121 mandates that the California Community Colleges (CCC) system must allow students to take tests or exams at an alternative time if doing so would violate their religious creed, unless doing so poses an “undue hardship,” a burden of proof that falls on the institution. This policy ensures community college students aren’t penalized for religious observances, requiring campuses to develop procedures for religious accommodation requests.

Key Aspects of EDC § 76121:
Religious Accommodation: The core purpose is to accommodate students’ religious creed regarding tests and exams.
No Penalty: Students cannot be penalized for missing exams due to religious conflicts.
Undue Hardship Exception: A college can deny accommodation if it causes an “undue hardship” that couldn’t reasonably have been avoided, with the burden of proof on the institution.
Application: Applies to the California Community Colleges system.
Procedure: Students should notify their instructor or campus in advance to request accommodations.

In essence, California Education Code § 76121 protects community college students’ right to religious observance by requiring their colleges to reasonably adapt exam schedules.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=76121. 

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Your Rights at Work

While it might seem intimidating to request accommodation at work or at school, remember that you have a right to practice your religion and there are laws that ensure you can exercise this right.
California law requires that an employer reasonably accommodate an employee’s religious beliefs or practices unless doing so would create an undue burden in conducting business. Some common accommodations that you are entitled to during Ramadan include:
  • Flexible scheduling to allow for jummah, iftar, and taraweeh
  • Shift substitutions or swaps
  • Job reassignments
  • Modification of workplace policies (schedule, attire, etc.)
As you submit your requests for accommodation, please keep in mind that you will need to submit the request to the appropriate parties as soon as possible, make sure your request is in writing, and ensure that you are familiar with your companies’ procedures regarding religious accommodations.
You can request this in writing by using our accommodation email template.

Your Rights at School

Students have the right to receive accommodations, including being excused from strenuous PE activities, the ability to sit out during lunch while fasting, and access to a quiet prayer space. 
To not be penalized for missing school for religious holidays like Eid, and to receive alternative exam or assignment dates.
Parents and students are encouraged to contact their schools and teachers in advance and in writing to request religious accommodations for their children during Ramadan and Eid. 

You can request this in writing  with one of our accommodation email templates. 

What is a Reasonable Accommodation?

For employees, reasonable accommodation includes one that eliminates the employee’s conflict between his or her religious practices and work requirements and that does not cause undue hardship for the employer. This means that the employer cannot unequivocally refuse to make a religious accommodation, but rather the employer must engage in a good-faith interactive process to resolve the conflict between your religious needs and the job’s requirements.
For students, reasonable accommodations includes accommodations for fasting and prayer, including flexibility to briefly break their fast during evening classes and access to a quiet space for prayer.

What if My Request Gets Denied?

Federal and state law generally protect a Muslim’s right to practice religion at work and at school. However, this right is not absolute and depends on several factors. Although your school/employer is generally required to provide reasonable accommodations, you may not receive the exact accommodation you are requesting. They may even deny the request completely. If either of these things happen, contact your nearest CAIR-CA office. They can provide you with additional support so that you can take full advantage of the holy month.
Ramadan Resources

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