Do I Need To Give Employees Time Off To Vote?

*By Stephen S. Zashin

With the 2010 elections just a week away, many employers wonder if they must give employees time off to vote. Most states require that employers provide time for employees to vote on Election Day. Because no federal law requires private employers to grant employees leave time to vote, the laws vary from state to state. The laws vary greatly – some specify whether the employer must provide paid time off while others only specify how many hours the employer must provide.

In general, most employers will need to provide time to vote if the polls are not open within two to three hours of the employee's scheduled shift. Is your company required to give employees time off to vote?

• The following states require employers provide voting leave and require a specific amount of time the employer must provide to vote: Alabama (up to one hour), Alaska (two hours) Arizona (three hours), California (two hours), Colorado (two hours), Georgia (two hours), Hawaii (two hours), Illinois (two hours), Iowa (up to three hours), Kansas (up to two hours), Kentucky (at least four hours), Maryland (up to two hours), Massachusetts (up to two hours), Missouri (up to three hours), Nebraska (two hours), Nevada (up to three hours), New Mexico (two hours), New York (two hours), Oklahoma (at least two hours), South Dakota (two hours), Tennessee (up to three hours), Utah (two hours), Washington (up to two hours), West Virginia (up to three hours), Wisconsin (up to three hours), and Wyoming (one hour)

• The following states require employers provide voting leave, but do not specify the amount of time required: Arkansas, Minnesota, Ohio, and Texas.

In many states, employers can specify the time an employee may vote. For example, Colorado and Utah provide that the employer may require the time to vote be at the start or end of a shift. California has a similar provision for voting time.

• The following states allow employers to designate voting hours: Alabama, Arizona, Colorado, Georgia, Illinois, Iowa, Kansas, Kentucky, Massachusetts (limited to certain employers), Missouri, Nebraska, Nevada, New York, Oklahoma, South Dakota, Tennessee, Utah (limited to certain employers), Washington, Wisconsin, Wyoming. 

In some states, employers must pay its employees for taking time off to vote. The qualifications and conditions employees must meet vary from state to state.

• Paid leave for voting exists in 23 states, including: Alaska, Arizona, California, Colorado, Hawaii, Illinois, Iowa, Kansas, Maryland, Minnesota, Missouri, Nebraska, Nevada, New Mexico, New York, Oklahoma, South Dakota, Tennessee, Texas, Utah, Washington, West Virginia and Wyoming. 

• Seven states do not require paid time off: Alabama, Arkansas, Georgia, Kentucky, Massachusetts, Ohio, and Wisconsin. 

Some states also have specific requirements that an employee must follow to request the leave. 18 states currently require employees to give advance notice.

• States that require advance notice include: Alabama (reasonable notice), Arizona (one day), California (two workdays), Colorado, (one day), Georgia (reasonable notice), Illinois (one day), Iowa (one day), Kentucky (at least one day), Massachusetts (one day), Missouri (one day), Nebraska (one day), Nevada (one day), New York (two to ten days), Oklahoma (one day), Tennessee (by noon before Election Day), Utah (one day), West Virginia (three days), and Wisconsin (one day). 

If your company’s employees have not requested voting leave already, be prepared for many of them do to so. Employers should first investigate the applicable laws where the company does business. In most instances, employers should contact counsel if it has questions about employee leave time to vote and whether the employer is required to pay for such time off.

*Stephen S. Zashin, an OSBA Certified Specialist in Labor and Employment Law, has extensive experience in all aspects of workplace law, including questions about employee leave. For more information about employment law, please contact Stephen at 216.696.4441 or ssz@zrlaw.com.