If you’re wondering whether or not your employer must give you time off from work to vote in elections, it depends on whether or not the state in which you work has enacted a law with employee “time off to vote” provisions.
There is no Federal law that requires employers to give employees work time off to vote in elections; however, most states do have such laws, referred to as “state voting leave laws” or “state election leave laws”. The laws typically cover both private- and public-sector employees.
Voting leave laws vary by state; but, generally, they require that employers give employees work time off to vote, only if the polls are not open for a sufficient number of consecutive hours before or after employees are scheduled to work. How many consecutive hours are deemed to be sufficient for employees to vote outside of work hours typically ranges from two to three under the laws, excluding rest and meal breaks.
Some state voting leave laws require that employers grant employees paid time off to vote, if there isn’t sufficient time before or after employees are scheduled to work; but, to get paid, employees might have to provide proof to their employers that they cast their ballots.
Additionally, some voting leave laws require employees to give reasonable advanced notice to their employers in requesting work time off to vote, while some permit employers to specify when their employees may take time off to vote.
In states that have voting leave laws, employers might face criminal charges, fines and even jail sentences by refusing to grant employees time off to vote as required by the laws, or by discharging or otherwise penalizing employees for exercising their voting rights under the laws. In fact, discharging employees for lawfully exercising their voting rights could constitute wrongful termination.
In states that have no voting leave laws per se, related laws or regulations might be on the books that generally prohibit employers from interfering with employee voting rights. Additionally, even though federal law does not specifically grant work time off to vote, it does generally prohibit employers in all states from interfering with employee voting rights.
Such laws or regulations might be interpreted by the courts to mean that employers must honor reasonable employee requests for work time off to vote, or else suffer the legal consequences of interfering with employee voting rights.
To discover if your work state has a voting leave law (or a related law or regulation) and, if so, whether or not your employer must give you time off to vote and pay you too, see the “Time Off to Vote” charts published by CCH, a provider of business and corporate law information services. The charts include the District of Columbia, which has no law regarding employee time off to vote, and Puerto Rico, which does.
For a different interpretation of state voting leave laws, refer to the chart “Voting Leave Laws by State” published by Fisher & Phillips LLP, Attorneys at Law. An interpretation of the Puerto Rico law is included.
Consult an attorney for legal advice regarding employer interference with employee voting rights.
