The 2016 election is only a few weeks away and New Focus HR has received requests from employers to define individual state time off to vote laws. So, we are publishing an article that we published in our May edition of the New Focus HR newsletter again, as it is important for employers to understand individual state laws with regards to allowing employees to take time off to vote and to assure that a company’s current policies are in compliance. Although most states mandate time off to vote for employees, not all state laws are written the same. Keep in mind that employers must follow the state laws in which an employee lives and not where their corporate headquarters are located, if different.
The content that may differ between state’s time off to vote laws may include: whether time must be paid; whether employers may determine the specific hours that may be taken off to vote; and whether an employee should inform their employers of their intention to vote. Of course, the specific state laws, unless stated otherwise, apply only to those employees who are eligible to vote.
The following list is made up of the specific state laws and guidelines with regards to an employee’s right to take time off to vote:
Arizona: Employers must allow employees up to three hours of time off for voting unless the polls are open three hours before or after the employee’s work shift. The total time off allowed is three hours, less the time the polls are open before or after work. The employee is required to apply for leave before the day of the election and the employer may specify the hours when the employee may be absent. Time off for voting must be paid. Ariz. Rev. Stat. Ann. § 16-402.
Colorado: Employers are required to give an employee two hours off to vote, unless the employee has three consecutive nonworking hours available for voting at the polls. The employee is to be paid for working time he or she is required to miss in order to vote. The employee must apply for the leave before the day of the election and the employer may specify the hours that the employee may be absent, provided, however, that the hours are at the beginning or end of a shift if the employee so requests. Colo. Rev. Stat. § 1-7-102.
Georgia: Employers must give an employee up to two hours of time off to vote, unless the polls are open for two consecutive hours before or after the employee’s work shift. The employer may specify the time when employees may be absent. Employers are not required to provide paid time off to vote. Ga. Code Ann. § 21-2-404.
Hawaii: Employers are required to give an employee two consecutive hours off for voting unless the polls are open for two consecutive hours before or after the employee’s work shift. Time off for voting must be paid if the employee presents proof of having voted (with a voting receipt). Haw. Rev. Stat. § 11-95.
Illinois: Employers must give an employee up to two hours’ time off in order to vote, unless the polls are open two hours before or after the employee’s shift. The employer may specify the hours when an employee may be absent. Time off for voting must be paid. 10 Ill. Comp. Stat. 5/17-15.
Indiana: No specific law requiring time off to vote.
Iowa: Employers are required to allow an employee up to three hours of time off for voting unless the polls are open three hours before or after that employee’s shift. The total time off allowed is three hours, less the time the polls are open before or after the shift. Employees are required to apply for the time off in writing before Election Day and the employer may designate the period of time to be taken. Time off for voting must be paid. Iowa Code Ann. § 49.109.
Kentucky: Employers are required to allow employees at least four hours of time off in order to vote or cast an absentee ballot, but employees must request leave before the day of the election. The employer may select the time during which employees may be absent from work. Employers are not required to grant paid time off. Ky. Const. § 148; Ky. Rev. Stat. Ann. § 118.035.
Maryland: Employers must give an employee up to two hours of time off from work in order to vote, provided that the employee does not have two consecutive nonworking hours for voting while the polls are open. Time off for voting must be paid. Md. Code Ann., Election Law § 10-315.
Massachusetts: Employers are required to grant an employee time off to vote during the first two hours after the polls open, if the employee requests time off during that period. Only those who are employed in a “manufacturing, mechanical, or mercantile establishment” are eligible for time off under this provision. Time off for voting need not be paid. Mass. Gen. Laws ch. 149, § 178.
Minnesota: The state voting leave statute allows an employee to be absent from work at any time during his or her scheduled hours on election day “for the time necessary to appear at the employee’s polling place, cast a ballot, and return to work.” Leave is with pay and employees cannot be required to use personal leave or vacation time for the time off necessary to vote. Minn. Stat. § 204C.04.
Missouri: Employers are required to give an employee up to three hours off from work to vote unless the polls are open for three nonworking hours before or after the employee’s work shift. The employer may specify the three hours that the employee may take off for voting. An employee taking time off to vote must request such time off before Election Day. Time off for voting must be paid. Vernon’s Ann. Mo. Stat. § 115.639.
Nebraska: Employers are required to give time off to vote to employees who do not have two consecutive nonworking hours while the polls are open. This time must be up to two hours but any nonworking time the employee has while the polls are open may be subtracted. If the employee applies for the absence before Election Day, the time off is to be paid. The employer may specify the time when the employee may be absent. Neb. Rev. Stat. § 32-922.
New Mexico: Employers are required to give an employee two hours off to vote unless the employee’s work day begins two hours after the polls are open or ends three hours before the polls close. An employer may specify the hours during which the employee may be absent. Time off is to be paid. N. Mex. Stat. § 1-12-42.
New York: Employers are required to give up to two hours paid leave to vote to employees who do not have four consecutive nonworking hours between the polls opening and closing, and who do not have “sufficient” nonworking time to vote. Employees must request the leave between two and ten days before Election Day. The employer may decide whether the leave is to be taken at the beginning or end of an employee’s shift. Employers must post this rule in the workplace conspicuously 10 days prior to the election. Consol. Laws of N.Y. § 3-110.
Ohio: Employers cannot fire or threaten to fire an employee for taking a reasonable amount of time to vote. Employers may not otherwise induce or compel an employee to vote or refrain from voting. Ohio Rev. Code § 3599.06
Tennessee: Employees who begin their workday less than three hours after polls open and finish less than three hours before polls close are entitled to up to three hours paid leave to vote. Employees must request leave by noon the day before the election. The employer can set the time for leave to vote. Tenn. Code § 2-1-106.
Texas: Employers are required to allow an employee sufficient time to vote, unless the employee has two consecutive nonworking hours in which to vote. Time off is to be paid. State agencies must allow each agency employee sufficient time off to vote in any national, state or local election, without a deduction in salary or accrued leave. Tex. Elec. Code § 276.004; Tex. Gov. Code § 661.914.
Washington: Employers are required to arrange their employees’ schedules on Election Day, so as to allow each employee a reasonable time, up to two hours, in which to vote. If an employee does not have two free hours during the day, the employer must permit that employee to take up to two paid hours to vote; however, these provisions do not apply if the employee had time to secure an absentee ballot. Wash. Rev. Code § 49.28.120.
Wisconsin: Employees are entitled up to three hours’ leave to vote. Employees must request such leave before Election Day. Pay may be deducted for the time away from work, and the employer may decide when the leave is taken. Wis. Stat. § 6.76.
For additional information on this topic or to find out what your states laws are please contact us at www.NewFocusHR.com
Written by: Patrick McKenna, SHRM-CP
HR Coordinator
10/11/2016
