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District of Columbia Passes Final Rule on Voting Leave

Pursuant to the District of Columbia’s Leave to Vote Amendment Act of 2020, employers must post and maintain a notice, developed by the District of Columbia the Board of Elections in a conspicuous place in the workplace. The District of Columbia has now passed a final rule that, in part, will make the poster available to employers by placing it on the Board’s website in a downloadable format. Employers may also request the notice by sending an email to communications@dcboe.org.

Employers will be required to post the notice no later than 60 days before all scheduled elections, including any special elections. For employees who work remotely, or if no conspicuous and accessible place exists, employers may meet the notice requirements by providing the notice to their employees by any other reasonable means provided that the employee signs a statement acknowledging receipt of the notice.

The Leave to Vote Amendment Act of 2020 also allows employers to require that employees request voting leave a reasonable time in advance. The final rule provides that an employee’s request for leave to vote is made a reasonable time in advance if:

  • The request is consistent with an existing employee leave policy; or
  • In the absence of an employee leave policy, the request is made no later than seven (7) days before the time requested to vote.

The final rule will become effective immediately upon publication of this notice in the District of Columbia Register.