Do I Need To Give Employees Time Off To Vote?

*By David R. Vance

With the 2013 elections just one day away, many employers may be wondering if they must give employees time off to vote. No federal law covers this issue, and the laws vary by state with most states requiring employers provide time for employees to vote. The laws vary greatly though – 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 employees with time to vote if the polls are not open for two to four consecutive hours before or after 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 that the employer must provide to vote:  Alabama (up to one hour), Arizona (up to three hours), California (two hours), Colorado (up to two hours), Georgia (up to two hours), Hawaii (up to two hours), Illinois (two hours), Kansas (up to two hours), Kentucky (at least four hours), Maryland (up to two hours), Massachusetts (up to two hours; limited to certain employers), Nebraska (two hours), Nevada (up to three hours), New Mexico (two hours), New York (without loss of pay for up to two hours), Oklahoma (two hours), South Dakota (up to two hours), Tennessee (up to three hours), Utah (up to 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: Alaska, Arkansas, Iowa, Minnesota, Missouri, Ohio, and Texas.

In many states, employers can specify the time an employee may vote. Some states, including Arizona and California, require that employees take time off for voting at either the beginning or end of their scheduled shift.

• The following states allow employers to designate voting hours:  Alabama, Georgia, Illinois, Iowa, Kansas, Kentucky, Missouri, Nebraska, Nevada, New Mexico, Oklahoma, South Dakota, Tennessee, Utah (unless the employee requests leave at the beginning or end of the work shift), Wisconsin, and Wyoming.

In some states, employers must pay their 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 22 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, 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. Seventeen states currently require employees give advance notice.

• States that require advance notice include: Alabama (reasonable notice), Arizona (one day), California (one day), Georgia (reasonable notice), Illinois (one day), Iowa (one day), Kentucky (at least one day), Massachusetts (upon request), Missouri (one day), Nebraska (one day), Nevada (one day), New York (two to ten days), Oklahoma (one day), Tennessee (by noon on the day 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 investigate the applicable laws where the company does business, and in most instances, 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.

*David R. Vance is experienced in all aspects of workplace law, including questions about employee leave. For more information about these issues or other employment law concerns, please contact David at 216.696.4441 or drv@zrlaw.com.