Do Employees Get Time Off to Vote?

Voting day is just around the corner, which means employers should prepare to accommodate leave requests if work hours prevent employees from participating in their civic duty.

“Does that mean I have to grant employees time off to vote?” It depends on where you’re located, as voting laws vary by state. These laws are established by state statute, may require leave to be paid or unpaid, and may apply differently depending on the type of election, such as a statewide election.

Eligibility and Requirements

Eligibility for paid time off to vote depends on whether an employee has sufficient time outside of their working hours to cast their ballot on election day.

Under most state laws, “sufficient time” is defined as having at least two consecutive hours to vote either before the start or after the end of a scheduled work shift while the polls are open. If an employee’s work schedule does not allow for this window, the employer is required to provide up to two hours of paid time off to enable the employee to vote.

The intent of these laws is to ensure that every eligible employee has the opportunity to participate in federal, state, and local elections without facing a penalty or deduction in pay. Employers are encouraged to respect this right and to provide time off in accordance with the law.

In some states, employers must post notices about employee voting rights at least 10 working days prior to an election, ensuring that all employees are aware of their entitlement to voting time.

Voting Laws Vary by State

Requirements for paid leave to vote vary by state. Some states, such as Texas, require employers to provide up to two hours of paid time off to vote, unless the employee has two consecutive hours outside of work when the polls are open. In New York, employees are entitled to up to two hours of paid time off to vote, provided they do not have four consecutive hours to vote outside of their working hours.

Employers should always check their state’s specific requirements to ensure compliance.

What happens if employers do not adhere to state voting laws?

Failure to comply with voting leave laws can result in penalties, including fines or legal action. Employees who are denied their right to paid time off to vote can contact their state’s labor department or election board for assistance. For more information, or to download sample notices and review state-specific requirements, both employers and employees are encouraged to visit their state’s election website or contact their local election office.

Create an Election Day Policy

Knowing your local state’s voting laws is the first step to knowing whether you can require employees to find a way to do their civic duty outside of work hours. The second step is to create an Election Day Policy which should include your workplace requirements for taking voter leave, your policy to treat everyone equally, and a clear explanation of voter rights. These might include the following:

1. Encourage time off requests in advance

Unlike illnesses or accidents, voting can be planned ahead of time, even when employees choose not to do early voting. Encourage employees to submit their time off requests far enough in advance for your team to make schedule adjustments.

2. Stagger shifts

By receiving time off requests in advance, you can determine if you need to stagger shifts or account for individuals using their voting leave so that appropriate staffing levels are maintained while still adhering to state laws. In most states, employers can designate the time of day when employees can be absent to vote during the workday. The employee is generally required to give advance notice of the need for leave, and employers can generally require proof of voting.

3. Be neutral and consistent

To avoid claims of discrimination or voter disenfranchisement, be sure to consistently grant time off in a neutral manner to all employees without regard to race, gender, age, religious affiliation, national origin, disability, or any other distinguishing characteristic that may be perceived as discrimination.

4. Post a notice of employee voting rights

Although this isn't a requirement in all states, it's still a good idea. New York, for example, requires employers to post state rules conspicuously at least 10 working days prior to an election and keep the posting in place until the polls close on election day. California has a similar provision.

5. Spell out the applicable voter leave laws

Be sure to include the voting leave laws that govern the areas where you have employees in your voting leave policy.

Best Practices for Employee Voter Leave

As a best practice tip, try to allow employees up to two hours of paid time to vote if they have insufficient time to do so during their regular workday prior to polls closing. Progressive companies with the highest employee morale tend to go beyond what is legally required when it comes to policies such as voting leave. And if you're in an area with long voting lines and can't spare your employees to wait it out, consider allowing them to leave a few hours early on Election Day so they can at least be in line before the polls close.

For more information or help with forming an Election Day Policy, please contact your certified Stratus HR experts. Not a current Stratus client? Contact us today and our team will contact you shortly.