Election day is rapidly approaching, and it is important for companies to understand their employees’ voting leave rights. Although there is no federal law requiring organizations to give employees time off to vote during working hours, twenty-eight states and the District of Columbia do have voting leave statutes.
The states currently with voting leave requirements are Alabama, Alaska, Arizona, Arkansas, California, Colorado, Georgia, Illinois, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Minnesota, Missouri, Nebraska, Nevada, New Mexico, New York, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, West Virginia, Wisconsin, and Wyoming.
State voting laws and employer obligations will vary as to whether the time off is paid or unpaid, the amount of time that must be provided, and whether an employer can dictate which hours are taken off, such as at the start or end of the employee’s workday.
The states with no mandated voting leave laws are Washington, Oregon, Idaho, Montana, North Dakota, Michigan, Indiana, Louisiana, Mississippi, Florida, South Carolina, North Carolina, Virginia, Pennsylvania, Delaware, New Jersey, Connecticut, Rhode Island, Vermont, New Hampshire and Maine.
Alabama, Arkansas, Georgia, Kentucky, Massachusetts, Ohio and Wisconsin do not require an employer to continue paying employees while they are casting ballots. However, consideration for exempt employees needs to be factored in because if exempt employees’ pay is reduced, it could jeopardize their status under the Fair Labor Standards Act.
Below is a link to a state guide and their statutes from Fisher and Phillips, LLP state-by-state guide for employers
Please contact your FosterThomas HR Advisor or the link below if you have any questions or need additional assistance.