Upcoming Voting Leave Compliance Obligations
Election Day is almost here, and with thirty states and the District of Columbia having specific laws pertaining to employee voting rights, now is a good time to brush up on voting leave laws and make sure you’re posting any mandatory notices.
Voting Leave
Most states require that employers provide at least a few hours off to vote, and sometimes those hours need to be paid. Often, these laws require very little advance notice from employees about their need for leave, so employers should be prepared to grant last-minute requests to leave work to vote. If you’re in a state with early voting, you may want to encourage employees to take advantage of that option—by offering the same time-off benefit—to reduce the number of absences on Election Day. The availability of early voting and absentee ballots, however, doesn’t change an employee’s right to vote on Election Day if that’s their preference.
Below is a list of states that require employers to provide paid time off to vote.
- Alaska
- Arizona
- California
- Colorado
- District of Columbia
- Illinois
- Iowa
- Kansas
- Maryland
- Minnesota
- Missouri
- Nebraska
- Nevada
- New Mexico
- New York
- Oklahoma
- South Dakota
- Tennessee
- Texas
- Utah
- West
- Virginia
- Wyoming
It is important to note that no deductions may be made to the salary of an exempt employee for the time they take off to vote.
Required Notices
California, the District of Columbia, and New York also require that employers post a notice about employees’ voting rights in a conspicuous location in the workplace. Employees who work from home or don’t report to the workplace regularly should be provided with these notices electronically. California’s notice can be found in English here and in other languages here. The District of Columbia’s notice can be found in English and other languages here. If you provide this notice electronically for remote employees, you need to get their acknowledgment of receipt. New York’s notice is available here.
