With the presidential election coming on November 6, employers will be faced with employees wanting to take time to vote. Although most states have laws that afford employees the right to take time off from work in order to vote, these laws vary substantially from one state to the next.
For example, a few states go so far as to require paid time off, while others entitle employees the right to use accrued personal leave. Several states allow employers to require advance notice or proof of participation in the voting process. Others will actually impose criminal penalties upon those employers who discharge or otherwise penalize employees for taking time off to fulfill their voting responsibilities.
At least one – New York – requires employers to post a notice of employees’ rights to take time off to vote in the workplace at least 10 days before the election. We’ve posted a 50-state chart on our website at http://www.laborlawyers.com///, which sets out the requirements in each state. You should review it for each state in which your company conducts operations and confirm that you are in compliance with the applicable laws and regulations.