Most Employers Voluntarily Offer Time Off to Vote

How Employers Can Prepare for Time-Off Requests

Whether workers are entitled to take time off from work to vote is governed by state law. While the laws of the states vary, they usually provide that an employee who is entitled to vote in an election may be absent from work to vote for a specified period without penalty or deduction from wages. Be sure to check your state laws for the law that applies in your state(s).

Generally, state laws are designed to give workers at least several hours off in order to vote while the polls are open. The employee must request the time off and the employer can designate when the time off will be, such as at the beginning or end of a shift. State laws on voting time often specify whether the time off has to be treated as a paid absence or an unpaid absence —in most of the states with time-off-to-vote laws, the employer must pay the employee for the time away from work spent voting. State laws may also specify the penalties to be imposed on employers that deny employees adequate time to vote.

In states that do not require that workers be given time off to vote, most employers voluntarily offer time off to vote. As the time for elections approaches, employers should prepare to accommodate requests for time off for voting. You should:

1. Distribute a statement or policy to employees detailing the organization's position on time off for voting.
2. Specify in the statement how an employee should request time off to vote, if it is provided for by state law or under your organization's policy.
3. Include in the statement any information on the hours the polls are open.
4. Let the employees know whether they will be compensated for time missed from work to vote.
5. Ensure that any policy includes the state law requirements for the states in which the organization has employees.

Can employees be docked for the time they are away? Do not make ``hourly'' deductions from exempt employees. Employers cannot deduct from exempt employees' pay an amount that is equivalent to one or more hours of pay for absences of less than a day. If an employer makes deductions of an hourly nature, the worker's exemption from overtime pay may be forfeited and make the worker and other workers in similar situations eligible for overtime.

Reprinted with permission. © CCH