Many questions arise when it comes to an employer’s obligation to provide its employees with time off from work to vote. While there is no federal mandate that employers provide this leave, most states have voting leave requirements for its employees. Employers must know the applicable compliance requirements.
Key Questions Employers Should Ask
- Am I required to provide paid time or unpaid time off for my employees to vote?
- Are there time limits on the amount of time I have to give?
- May I require proof of voting from the employee?
These are just some of the considerations. Additional requirements may apply, depending on the state(s) where you have employees. For employers having employees in multiple states, the compliance requirements will be different, depending on the specific state where your employees work and live.
Overview of State Voting Leave Laws
Here’s a quick look at the voting leave landscape in the U.S.:
- Approximately 28 states currently require voting leave.
- Approximately 22 states have voting leave which must be paid.
- The length of the leave period varies by state and at what point during the day it must be taken varies by state.
- Some states provide only one hour for voting leave while others provide around three to four hours of voting leave.
Why Voting Leave Compliance Matters
It is very important to develop your compliance program relating to voting leave. Failure to do so can result in violations resulting in penalties. Penalty amounts range from as low as fifty dollars in some states to thousands of dollars in other states.
HR Compliance Tip
Now is the time to review your employee handbook and voting leave policies, especially ahead of major elections. Clear, state-specific guidance helps ensure compliance and avoids confusion for both managers and employees.
This article was prepared with the assistance of Law Clerk, Michael Scott.