Best Practices for Employers in Supporting Voting Participation

With the 2024 election drawing near, it is important for employers to ensure they adhere to state-specific voting leave laws. Employer responsibilities differ significantly by state. Some states mandate paid time off for voting, including early voting or absentee ballot submission, while others allow this time to be unpaid. Here's how you, as an employer, can support your workers' participation in voting:

Understand State-Specific Requirements

Each state has different regulations regarding employee voting leave. Some highlights include:

• Time Allocation: The duration of required time off varies. Some states specify a set number of hours, whereas others mandate "sufficient" time to vote.
• Work Schedule: In states where employees have ample time to vote outside work hours, employers might not need to provide additional time off.
• Scheduling Flexibility: Employers can often decide when employees take this leave, typically at the start or end of the workday.
• Notification and Posting Duties: Certain jurisdictions may require notices to inform employees of their voting leave.
• Election Roles: Some states also mandate time off for employees serving as election officials or in elected positions.

How these rules apply to expanded early voting remains unclear.

Best Practices for Employers

To facilitate compliance and bolster employee engagement in elections, consider the following:

• Policy Review: Regularly assess and update policies to align with current laws and be ready to handle time-off requests well ahead of Election Day.
• Remote Employees: With the rise of remote work, employers may have more flexibility in meeting voting leave obligations. It's crucial to understand how state laws apply to remote employees.
• Meet Posting Requirements: Ensure any required notices about voting leave are displayed per state laws, possibly including digital postings for remote workers.
• Boost Morale: Supporting voting participation can enhance employee morale. Consider fostering a workplace culture that encourages participation and complies with relevant policies.
• PTO to Vote: Even in states lacking voting-leave laws, it's good practice to allow employees additional paid time off to vote if insufficient time exists outside work hours.

You can also promote voting by making Election Day a company holiday or providing early voting information.

Early Voting and Voting by Mail

A developing area of uncertainty is handling employees requesting time off when polls are open for early voting or when voting by mail or drop boxes is an option. Typically, state laws allow voting leave only if employees lack sufficient time outside work hours. Employers could argue that flexible voting options eliminate the need for Election Day leave. Before denying leave in such cases, consult legal counsel, as many state laws haven't addressed this topic yet.

Remote Employees and Voting Leave

Another common concern is managing employees living in different states from where they work. For example, a California-based employer may have employees residing in Missouri, where voting leave laws differ. Which law applies? Generally, the laws of the state where the work is performed apply. However, experts advise a generous approach, as public policy encourages voting. Employers are advised to follow the law most favorable to employees.

Conclusion

While federal law doesn't obligate employers to provide voting time off, numerous states and local ordinances require it, especially when work hours don't allow sufficient poll time. State laws differ on whether voting leave is paid or unpaid. State laws also vary in the amount of time required and whether employers can dictate when time off occurs. In short, it is important to know your local and state laws.

By maintaining awareness and preparing ahead of time, you can effectively manage the complexities of voting leave laws and encourage active civic participation among your workforce.

Consult a legal advisor familiar with specific state laws for more details. By taking these steps, employers not only meet legal obligations but also enhance their company culture by supporting employee participation.

Voting Leave Policies by State

ALABAMA

Leave Type: Unpaid

Conditions:

• Eligible employees are entitled to up to one hour of leave unless their shift starts at least two hours after the polls open or ends at least one hour before they close.
• Employers may specify the time employees take the leave.

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ALASKA

Leave Type: Paid (as much as needed)

Conditions:

• Employers should offer as much paid time as required to vote. If an employee has two consecutive hours to vote (either at the beginning or end of their regular shift) when the polls are open, that window shall be considered sufficient time outside working hours to vote.

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ARKANSAS

Leave Type: Unpaid

Conditions:

• Employees’ work schedules on Election Day must allow them to vote. This may be unpaid.

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ARIZONA

Leave Type: Paid (up to three hours)

Conditions:

• An employer must provide up to three hours of paid leave to vote.
• Employees may be required to request time off before the election, and employers can specify the voting hours.
• Paid leave isn't required if an employee has three consecutive hours to vote at the beginning or end of their shift.

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CALIFORNIA

Leave Type: Paid (up to two hours)

Conditions:

• An employer must provide up to two hours of paid leave to vote if an employee doesn’t have sufficient time outside working hours for a statewide election.
• Time off should be taken at the beginning or end of a shift unless otherwise agreed.
• Employers must post a notice ten days before every statewide election.
• Employees must give at least two working days' notice if time off is needed.

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COLORADO?

Leave Type: Paid (up to two hours)??

Conditions:??

• Employers must provide up to two hours of paid leave for voting.
• Employees must notify employers before election day.??

• Employers can specify voting leave hours, but employees can request time off at the start or end of their shift.??

• Paid leave isn’t required if an employee has three consecutive hours to vote at the beginning or end of a shift.?

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WASHINGTON, D.C.?

Leave Type: Paid (up to two hours)??

Conditions:??

• Employees can take up to two hours of paid leave to vote in person, even if ineligible to vote in D.C.??

• Employers can designate voting leave hours, including early voting or at the beginning or end of a shift on Election Day.?

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GEORGIA?

Leave Type: Unpaid (up to two hours)??

Conditions:??

• Employees may take up to two hours of unpaid leave to vote, provided they are qualified and registered.??

• Employees must give reasonable notice to employers and can vote on advance voting days or election days.??

• Time off isn’t required if work hours start two hours after polls open or end two hours before they close.?

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ILLINOIS?

Leave Type: Paid (up to two hours)??

Conditions:??

• Employees may request up to two hours of paid time off to vote.??

• Leave requests must be submitted before election day.
• Employers can specify the hours of leave.??

• Paid leave is granted if work hours begin less than two hours after polls open and end less than two hours before they close.?

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IOWA?

Leave Type: Paid (up to three hours)??

Conditions:??

• Employees may request time off if they don’t have three consecutive hours to vote at the start or end of their shift.??

• Time off must be requested in writing before election day.
• Employers can designate time for voting leave.?

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KANSAS?

Leave Type: Paid (up to two hours)??

Conditions:??

• Employees are entitled to up to two hours of paid leave if polls are open before or after work but for less than two consecutive hours.??

• Employers can specify the voting leave time, except during regular lunch periods.?

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KENTUCKY?

Leave Type: Unpaid??

Conditions:??

• Eligible employees can take up to four hours of unpaid leave to vote or apply for an absentee ballot.??

• Employers can designate the hours for voting leave.?

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MARYLAND?

Leave Type: Paid (up to two hours)??

Conditions:??

• Employers must permit up to two hours of paid leave on election day if employees don’t have two consecutive hours off duty when polls are open.??

• Proof of voting or attempt to vote is required, using a form from the State Board of Elections.?

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MASSACHUSETTS?

Leave Type: Unpaid??

Conditions:??

• Eligible employees in manufacturing, mechanical, or mercantile establishments are entitled to unpaid voting leave during the first two hours polls are open.?

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MINNESOTA?

Leave Type: Paid (as much as needed)??

Conditions:??

• Eligible employees have the right to be absent from work to vote without penalty or deduction from salary or wages.??

• Time off must cover the time necessary to appear at the polling place, cast a ballot, and return to work on election day.?

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MISSOURI?

Leave Type: Paid (up to three hours)?

Conditions:?

• Employees can request time off to vote if they don't have three consecutive non-working hours during polling times.?

• The request for time off must be made before election day.?

• Employers may designate when the employee can take this leave.?

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NEBRASKA?

Leave Type: Paid (up to two hours)?

Conditions:?

• Employees may request time off if they lack two consecutive non-working hours during polling times.?

• Requests can be made before or on election day.?

• Employers have the right to specify the timing of the leave.?

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NEVADA?

Leave Type: Paid (based on distance to polling place)?

Conditions:?

• Employees unable to vote outside working hours can request paid time off, with the request submitted before election day.?

• Leave duration depends on the distance between the workplace and polling place:?

• One hour if the distance is two miles or less.
• Two hours if the distance is more than two miles but not more than ten miles.?
• Three hours if the distance is more than ten miles.?

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NEW MEXICO?

Leave Type: Paid (up to two hours)?

Conditions:?

• Time off can be requested if employees lack two consecutive non-working hours during polling times.?

• Employers must grant up to two hours of paid leave and can specify the hours for voting.?

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NEW YORK?

Leave Type: Paid (up to two hours)?

Conditions:?

• Eligible if employees lack four consecutive non-working hours during polling times.?

• Time off can be at the beginning or end of the shift, as decided by the employer unless mutually agreed otherwise.?

• Notice of intent to take leave must be given no more than ten working days or less than two working days before the election.?

• Employers must post a notice detailing these provisions at least ten working days before the election, remaining until polls close.?

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OHIO?

Leave Type: Paid (Reasonable amount of time)?

Conditions:??

• Eligible employees are entitled to a reasonable amount of paid time off to vote on Election Day.?

• Salaried employees must receive paid voting leave, while piecework, commissioned, or hourly employees may receive unpaid leave.?

• Employers should adhere to guidance from the Ohio Attorney General's Office.?

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OKLAHOMA?

Leave Type: Paid (Up to two hours)?

Conditions:??

• Employees can request leave to vote if they have less than three hours available outside of their shift during polling times.?

• Employers can adjust work hours to ensure employees have a three-hour window to vote either before or after their shift.?

• Employees must notify employers verbally or in writing of their intent to take voting leave by the day before Election Day.?

• Employers choose the hours for leave, and employees must provide proof of voting.?

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SOUTH DAKOTA?

Leave Type: Paid (Up to two hours)?

Conditions:??

• Employees can request up to two hours off to vote if they lack two consecutive non-working hours during polling times.?

• Employers have the right to specify the hours during which employees can take voting leave.?

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TENNESSEE?

Leave Type: Paid (Up to three hours)?

Conditions:??

• Employees can request time off to vote if they don’t have three consecutive non-working hours at the start or end of their shift when polls are open.?

• Employees must request voting leave before noon on the day before the election.?

• Employers may designate the hours for taking leave to vote.?

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TEXAS?

Leave Type: Paid (At least 2 hours)?

Conditions:??

• Employees can take paid time off for voting unless they have at least two consecutive non-working hours during polling times.?

• The time off must be paid if it overlaps with regular working hours, but not if two hours are available outside of those hours.?

• For mandatory overtime, the time off should be paid at the applicable overtime rate. For optional overtime, it does not need to be paid as it's outside regular hours and voluntarily chosen by the employee.?

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UTAH

Leave Type: Paid (Up to two hours)?

Conditions:??

• Employees are entitled to paid time off unless they have three or more consecutive non-working hours to vote.?

• Employees must apply for leave the day before election day.?

• Employers may designate the leave hours unless the request is for the beginning or end of the workday, in which case it must be granted.?

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WEST VIRGINIA?

Leave Type: Paid (Up to three hours)?

Conditions:??

• Employees may request paid time off if they don’t have three consecutive non-working hours during polling times.?

• A written request must be submitted at least three days before election day.?

• For essential services, employers can schedule time off to prevent disruption, ensuring ample opportunity for voting.?

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WISCONSIN?

Leave Type: Unpaid?

Conditions:??

• Eligible employees can take up to three consecutive hours of unpaid leave while the polls are open.?

• Employers can designate the time of day for such leave.?

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WYOMING?

Leave Type: Paid (Up to one hour)?

Conditions:??

• Employees may request paid time off if they don’t have three consecutive non-working hours during polling times.?

• Employers may specify the hour for leave, excluding the lunch hour, and employees are required to vote during this time.?

Disclaimer: This article is intended for general informational purposes only and is not to be used for legal advice or counsel.