As Election Day approaches, you can be sure that some employees will want and/or need to head to the polls during their regular work hours. While many states require employers to provide employees with paid time off to cast their vote on Election Day, some do not. This week’s Tip provides compliance information and best practice guidance, to help you understand your Election Day obligations.
State Law Governs. Initially, it is important to remember that there is no federal law granting employees time off to vote or to participate in an election as a judge or precinct official. Instead, state or local laws govern the voting leave rights of employees.
State Mandated Time Off to Vote. Many states require employers to grant at least a few hours off during the workday for employees to vote. Listed alphabetically, these states include: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Georgia, Hawaii, Illinois, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Minnesota, Missouri, Nebraska, Nevada, New Mexico, New York, Oklahoma, South Dakota, Tennessee, Texas, Utah, West Virginia, Wisconsin, and Wyoming.
Typically, employers in these states must provide employees with between one and four consecutive hours to go to vote. This leave is commonly conditioned on the employee’s inability to vote outside of working hours, based on the polling hours and his or her work schedule. For example, employers in Arizona, Iowa, Missouri, and Wyoming are obligated to provide leave only if the employee does not have three consecutive nonworking hours while the polls are open. In Arizona, for instance, if the polls open at 6 a.m. and close at 7 p.m., an employee whose schedule either starts at 9 a.m. (or later), or ends at 4 p.m. (or earlier), is not entitled to leave from work to vote.
Advanced notice of intent to take leave is required in more than half of states with voting leave laws. Just how much notice must be given, varies. For instance, Alabama and Georgia, instruct employees to provide “reasonable notice” to their employers. In California, employers are obligated to post a notice at least 10 days before the election, informing employees of their right to take off to vote if necessary, and employees who know they will need leave must give their employers two working days’ notice in order to be eligible for leave.
When a leave requirement is triggered, employers can generally specify the time that the employees are permitted to be absent (e.g., the first or last part of the shift). In addition, more than 20 states—including Alaska, Maryland, Utah, and West Virginia — require employers to pay the employee for the hours set aside for voting leave. These laws prohibit the employer from deducting from employee pay, or in any other way penalizing the employee for exercising the right to take voting leave.
State Mandated Leave for Election Workers. Many employees volunteer as election judges, precinct officials, and the like on Election Day. Several states, such as Delaware, Ohio, Virginia, and Wisconsin, specifically require employers to give employees time off (meaning potentially an entire day) to perform this public service (with certain limitations). Election workers are typically required to give their employers advance notice of their absence. Moreover, employers generally are not required to pay employees for the day off of work for these activities, though employers cannot discipline or penalize those employees for missing work on Election Day because of their service as election workers.
States that do not Mandate Time Off to Vote. Just as there are states that mandate employees be given time off to vote, there are those that have no legislation providing employees with job protected voting leave. Listed alphabetically, these states include: Connecticut, Delaware, Florida, Idaho, Indiana, Louisiana, Maine, Michigan, Mississippi, Montana, New Hampshire, New Jersey, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, Washington, and Washington, D.C.
Employers in these jurisdictions should take the opportunity to review their handbooks and policies to determine if company policy provides for voting leave (whether paid or unpaid) as a courtesy to employees, and should be prepared to apply it consistently. In addition, employers should be aware of polling hours in their state, as well as the availability of early voting and voting by mail. Depending on the local circumstances and the employer's hours of operation, an employer may allow some flexibility for workers who seek time off to vote. On the other hand, employers that cannot, or simply prefer not to, accommodate individual voter requests may encourage employees to vote early or to vote by mail, where and when available.
Best Practice Summary. Below are best practices for you to follow to ensure that no one feels they are being penalized for voting, or participating in, the upcoming presidential election, regardless of whether leave is mandated by law.
- Review your state compliance obligations.
- Consider researching early voting options and polling hours in your state.
- Remind your workforce in advance that they should provide you with plenty of notice of the need to take time during their regular work day to vote. Note: California employers must provide employees with 10 days' notice of this prerequisite.
- Provide your workforce with your organization's voting leave policy - as applicable.
- Let your employees know who they should be making their time-off requests to, and make sure those individuals are aware of your organizations obligations and or policies.
- Avoid providing preferential leave treatment to those with whom you share poltical beliefs.
As always, please contact your Relationship Manager or Service Team with any questions regarding this Tip.