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Another election season is underway, which means now is the time to refresh your memory on voting leave laws. Here’s what HR leaders and managers need to know.
Legally, most states require that employers provide at least a couple hours for employees to vote on election day. In fact, some states even require that the time off be paid.
Leading up to or on election day, employees may begin requesting time off to vote, which means HR leaders should anticipate approving last-minute requests quickly.
Certain states, including California and New York, also require employers to communicate about employees’ right to vote in a conspicuous location in the workplace. For employees who work remotely, this notice should also be sent out electronically to ensure compliance.
As of November 2022, states without voting time off requirements include the following:
Some states, like Florida and Mississippi, do have laws that protect employees’ right to vote; what’s more, most of the states above also protect employees’ right to participate in politics more generally.
Of special note, Washington and Hawaii do not have specific voting leave laws, but both states conduct elections by mail, thus eliminating the need to vote at a polling location.
Here is the current list of states with unpaid voting leave laws:
Here is the list of states that currently have paid voting leave laws in the books. Most states allow for two hours of paid leave, while a handful of others allot three hours or more.
The states with paid voting leave laws include the following:
In general, employers should communicate transparently about voting leave logistics, prompting employees to ask questions and encouraging workforce members to take advantage of time off to vote.
Concerned about prolonged absences on election day? Gently suggest that employees research early voting options or absentee ballots, if applicable. Of course, employees have the right to vote on election day regardless of employer preference.
And finally, advise managers to discourage overly partisan commentary that could make employees uncomfortable or put unnecessary stress or pressure on your workforce. Moving from an unwanted discussion to a heated debate could be a slippery slope and an unpleasant one for your team.
Looking for more exclusive content? Check out what’s trending on the Mployer Advisor blog, and tune in to the latest episode of Mployer Advisor’s new podcast, “This Week in Benefits.”
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