Election Day is just around the corner, November 8, 2022. The date that elections are held for federal offices is set by statute as the first Tuesday after the first Monday in November. Many state and local governments also hold their elections on the federal Election Day as a convenience and cost-saving measure. Because Election Day falls on a Tuesday, typically a workday, employers need to be aware of the various laws that protect workers who need time off to vote.
While there is no federal law that requires employers to give employees time off to vote, many states, including most of the states in the Employers Council region, have laws granting employees the right to take time off to vote. State laws vary regarding the amount of time an employee may take and whether the time off is paid or unpaid. Therefore, it is critical to check your state’s law to determine your legal obligations related to voting leave.
Because state laws vary, if you have remote workers in other states or if you are a multistate employer, you need to be aware of the laws in the states where your employees are located. You will need to determine whether your voting leave policy will be based on local laws with different policies for each state where workers are located or whether you will have a national strategy for all your workers.
Employers also need to consider the organization’s culture. Many organizations recognize that voting is an important civic responsibility and encourage employees to exercise their right to vote in federal, state, and municipal elections. Employers may, however, qualify an employee’s right to take voting leave by encouraging them to vote either before or after work when circumstances allow and requiring advance notice of an employee’s intent to take voting leave so that arrangements can be made to cover their absence.
Employers Council offers online resources with more information on required time off for voting. If you are a Consulting or Enterprise member, contact us for assistance regarding the voting laws in the states where your workers are located.