E-Alerts

Election Day Leave: When An Employee Requests Time Off To Vote

[October 30, 2012] Election Day is Tuesday, November 6, 2012.  Because employees may request time off to vote, employers are encouraged to check their voting leave policies to ensure that such policies properly address voting leave requests and entitlements under applicable law.

While there is no federal law requiring employers to provide time off for employees to vote, most states have laws governing employee voting leave, and they vary significantly.  Under Massachusetts law, an employer in a manufacturing, mechanical, or mercantile establishment must allow any requesting employee a leave of absence to vote during the first two hours after the polls open in the employee’s district.  Notably, Massachusetts law does not require employers to pay employees for voting time.  Violation of the Massachusetts voting leave law is punishable by a fine of not more than $500.

Connecticut, Maine, New Hampshire, and Vermont state laws are silent with respect to employee voting leave entitlements.  In several other states, such as Colorado, Georgia, Maryland, and Texas, employers are not required to provide employee leave to vote if the polls are open two or three hours before the normal work day begins.

California and New York state laws require employers to provide up to two hours of paid voting leave to requesting employees at the beginning or end of regular work hours. Employees must request such leave at least two working days in advance.  In addition, both California and New York laws require employers to post the employee voting leave rights at least ten days in advance of every statewide election.

We urge all employers to review their time-off policies to ensure that voting leave is addressed in accordance with applicable laws. Most state voting leave laws contain a penalty provision and/or employee protections from termination or retaliation for taking leave to vote in a general election.  If you have any questions in this regard, please feel free to contact us.