Election Day, November 5, is fast approaching, and it is paramount for employers to be familiar with the voting leave laws in each state where they have employees. State laws vary but most require employers, upon request the day before a general or municipal election, to provide employees a certain number of hours off with pay if they do not have adequate time to vote when the polls are open.
The following are key considerations for employers:
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How much voting time an employee is entitled to take.
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Whether an employee must be paid while on voting leave.
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Whether an employee must apply for leave.
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Whether an employee may specify the hours to go vote.
Most state laws will provide answers to such questions. Below is a summary of the voting time laws for states in the Employers Council region.
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Arizona: Employees are entitled to paid time off to vote, subject to scheduling exceptions. Learn more here.
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California: Employees are eligible for paid time off to vote if they do not have sufficient time outside of working hours. Learn more here.
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Colorado: Employees are entitled to paid time off to vote, subject to scheduling exceptions. Learn more here.
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Idaho: No voting leave statute.
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New Mexico: Employees are entitled to time off to vote, subject to scheduling exceptions. The time off likely should be paid. Learn more here.
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Utah: Employees are entitled to paid time off to vote, subject to scheduling exceptions. Learn more here.
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Wyoming: Employees are entitled to time off to vote, subject to scheduling exceptions, and the time must be paid if the employee actually votes. Learn more here.
It is a best practice to have a written voting leave policy in place compliant with state statutes and to make employees aware of their rights. For help with that, Employers Council members can access our sample handbook language. Members can also learn more about employment laws in all 50 states by going to this webpage. Consulting and Enterprise members with questions about voting leave laws can contact us at info@employerscouncil.org.
Brandon Garrett is an attorney for Employers Council.