Since 2018, the U.S. has seen a record-high turnout for both midterm and presidential elections. Undoubtedly, many of these voters are a part of the U.S. workforce, and it’s likely that many of them exercised their voting rights during the workday.
For HR professionals, this increased voter participation signals a need to get up to speed with the latest voting leave laws and amend their policies accordingly. In many states, employed voters have the right to participate in elections, even if polling times coincide with their work schedules.
As an employer, you need to understand employees’ rights and responsibilities to avoid an accidental violation. If you’re preparing for an upcoming election and are wondering how it affects your policies, discover what you need to know about maintaining compliance with employee voting mandates.
Employee Voting Leave Laws at the State Level
There are no federal laws that require employers to give employees paid or unpaid time off work to vote. There are 21 states that have also opted to avoid addressing the issue in their voting laws, which means employees in those states are not guaranteed time off to vote.
However, several states extend other protections despite not explicitly granting voting leave rights. In Delaware, Florida, and South Carolina, employers cannot fire an employee for voting. North Dakota law encourages employers to give time off to vote, and Mississippi prohibits employers from interfering with employees’ political rights.
Unpaid Voting Leave Rights
Six states require employers to allow employees unpaid time off from work to cast their vote:
- Alabama
- Arkansas
- Georgia
- Kentucky
- Massachusetts
- Wisconsin
Ohio doesn’t mandate that employers pay hourly employees, but mandated voting leave cannot be deducted from salaried employees’ paychecks. The amount of time off varies by state.
In Arkansas, employers can set the allotted amount of time for voting leave. In Massachusetts, it’s limited to the first two hours that the polls are open. Alabama grants just one hour, while Kentucky allows for up to four hours.
State-Mandated Paid Voting Leave
Still, 23 states and Washington, D.C., have gone as far as to require that employers grant employees paid voting leave. As with other states, the amount of paid time off varies widely. Here are some examples:
- Nevada: The amount of time is dependent on the employer’s distance from the employee’s designated polling place
- Utah: Employees are granted paid leave for two hours at the beginning or end of the work shift
- Wyoming: Employees are allowed one hour outside of meal times
- New York: Employees can take as much time as the employer deems necessary
Be aware that in Hawaii, Missouri, West Virginia, Wyoming, and Kentucky, employers may request proof that an employee did indeed take time off to vote.
Setting Voting Leave Policies for Your Workplace
In creating your own voting leave policy for employees, you should make sure to address the following:
- The employees’ rights according to state law
- Whether you will grant time off or not (according to state law)
- How much time off employees will be granted for voting leave
- Whether voting leave is paid or unpaid
- How employees should request time off for voting leave
Additionally, addressing remote employees’ rights and responsibilities when it comes to voting leave is important. This is because remote employees working in a different state are usually subject to the laws of their home state rather than the employer’s. Therefore, you may have to follow different rules for your remote workforce.
Some employers have argued that employees don’t need to take time off to vote in cases such as the following:
- When polls allow for early voting on the weekend
- When the state allows voting by mail
- When polls are open before or after the business opens or closes for the day
In these instances, it is wise to consult an expert before addressing this in your voting leave policy. Some states have not addressed this gray area on a legislative level.
How to Communicate Voting Leave Policies
All policies, including voting leave, should be included in your employee handbook. This ensures employees always have it on hand as a reference. You can also post it in prominent common spaces throughout the office.
However, knowing that not every employee may see the notice (especially if they’re working remotely or are currently on leave), it’s also a good idea to send it electronically. A company-wide email reminder will allow you to outline your policy in detail and give employees an easy way to ask any questions they may have about it.
Ensuring Legal Compliance Is Part of Every Employer’s Duty
In many states, having a voting leave policy isn’t just a matter of preference. It’s also a legal compliance issue. Consequently, it’s essential for HR leaders to have an in-depth understanding of state laws in every jurisdiction where employees reside.
If you’re looking for an easier way to keep up with changes in voting leave laws and stay on top of compliance requirements, VirgilHR can help. Our platform offers robust state-level policy templates, a multi-state comparison tool, and notifications when legal updates occur. When you have questions, an HR expert will provide the guidance you need. Schedule a demo today to experience the difference and see how easy compliance can be.
