An employee with sufficient non-working time to vote is not entitled to additional time off to vote. Paid: Employers cannot reduce employees’ pay for voting time leave.Ĭalifornia – Pursuant to California Election Code § 14000, employees are entitled to an amount of time off to vote that, when added to the voting time otherwise available to the employee outside of working hours, will enable the employee to vote.Hours: The employer may specify the hours of absence.Notice: The employee must make a request prior to voting day.The following is a sampling of state law requirements regarding employee voting time off.Īrizona – Arizona Revised Statute § 16-402 provides that eligible voters who do not have 3 consecutive hours between the opening of polls and the beginning of their regular work shift or between the end of their work shift and the closing of polls must be allowed to take enough time at the beginning or end of their shift that will allow for a total of 3 consecutive non-work hours to vote while polls are open. And, of course, employers must consider employee morale, as in some organizations there is an expectation that the employer will make voting easy for employees and ensure the company complies with any existing policies. Employers also should consider the impact of remote employees, which may allow greater flexibility in meeting relevant obligations, as well as how to address any technical posting requirements. Additionally, some jurisdictions also obligate employers to provide time off to employees who serve as election officials or to serve in an elected office.Īs a best practice, employers should review existing policies and practices to ensure compliance with applicable laws and be prepared to address employee requests for time off prior to Election Day. Further, some jurisdictions require postings to advise employees of their voting leave rights. Relevant laws also vary as to the amount of time that must be provided, whether sufficient time to vote outside of work hours obviates any employer obligations and whether an employer can dictate which hours are taken off, such as at the start or end of the employee’s workday. In certain states, employers must provide paid time off to vote, including for early voting or absentee ballot submission, while other state laws allow such time to be unpaid. While not all states impose requirements on employers, some impose time off obligations and notice requirements with the possibility of criminal or civil penalties for non-compliance.Įmployer obligations vary by state. With midterm elections upon us, employers should ensure they are aware of and in compliance with state law requirements related to employee voting rights.
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