E-Alerts

Election Day Leave: When An Employee Requests Time Off To Vote

On Tuesday, November 4, 2008, millions of Americans will visit the polls in one of the most anticipated elections in years.  Of course, employers want to encourage their employees to be active in the community and perform their civic duty.  But what if an employee requests time off to vote?  Is the employer obligated to provide the employee with paid or unpaid leave?  As Election Day approaches, employers are encouraged to check their voting leave policies to ensure that such policies properly address voting leave requests and entitlements under applicable law.

Although no federal law requires employers to provide time off for employees to vote, state laws governing employee voting leave vary significantly.  For example, under Massachusetts law, an employer in a manufacturing, mechanical or mercantile establishment must allow any requesting employee a leave of absence to vote during the first two hours after the polls open in the employee’s district.   Because polling places are now open early in the day and late in the evening, in most instances, employees have sufficient time before or after work hours to vote.  Therefore, the requesting employee should explain the reason for the request for leave time and may even be required to provide the name of the precinct where he or she will vote.  Notably, Massachusetts law does not mandate that employers pay employees for voting time. Violation of the Massachusetts voting leave law is punishable by a fine of not more than $500.

Connecticut, New Hampshire, Maine and Vermont state laws are silent with respect to employee voting leave entitlements.  In several other states, such as Colorado, Georgia, Texas and Maryland, employers are not required to provide employee leave to vote if the polls are open two or three hours before the normal work day begins.

California and New York state laws require employers to provide up to two hours of paid voting leave to requesting employees at the beginning or end of regular work hours.  Employees must request such leave at least two working days in advance.  In addition, both New York and California laws require employers to post the employee voting leave rights at least ten days in advance of every statewide election.

We urge all employers to review their time-off policies to ensure that voting leave is addressed in some manner and in accordance with applicable laws.  Most state voting leave laws contain a penalty provision and/or employee protections from termination or retaliation for taking leave to vote in a general election.  If you have any questions in this regard, please feel free to contact the Firm.