Workforce Bulletin

Election Day is Tuesday, November 5. During this election season, employers may question whether the law requires them to allow employees time off to vote, often referred to as “voting leave”, and if so, whether such leave is paid. Perhaps just as urgently, employers may need to manage workplace political talk and potential consequences.

The short answer about voting leave is the same lawyers often give: it depends! Most states and many local jurisdictions have their own laws addressing voting leave and related rights. This article is not a comprehensive, state-by-state guide, and employers should check applicable laws in their jurisdictions when in doubt. Instead, this overview is a reminder of potential issues and best practices to ensure a safe and legally sound workplace in the days before and after Election Day.

Voting Leave

State and local laws on voting leave impose varying obligations on employers. Employers should review the applicable state laws and regulations of every jurisdiction in which they have employees. To highlight a few:

• California: if an employee doesn’t have sufficient time outside of working hours to vote, the employee may take off enough working time that, when added to the voting time available outside of working hours, will enable the employee to vote. Up to two hours of working time off must be without loss of pay. The time off can be at the start or end of the working shift. If the employee knows in advance that time off will be necessary to vote, the employee must give the employer at least two working days’ notice. Note that the law requires employers to post a notice to employees advising them of their rights regarding voting leave.