HR Question: Time Off for Voting

Question: Is there a federal law that requires employers to provide employees with a certain amount of time off for voting?

Answer: Currently, no federal law requires employers provide employees with time off to vote. However, most states require employers to allow voters time off to vote and prohibit employers from disciplining or terminating employees for taking time off to vote.

For instance, according to Cal. Election Code §§ 14000 – 14003, if a voter does not have sufficient time outside of working hours to vote at a statewide election, the voter may, without loss of pay, take off enough working time that, when added to the voting time available outside of working hours, will enable the voter to vote. However, no more than two hours of the time taken off for voting may be without loss of pay. The time off for voting will only be at the beginning or end of the regular working shift, whichever allows the most free time for voting and the least time off from the regular working shift, unless otherwise mutually agreed. If the employee, on the third working day prior to the day of election, knows or has reason to believe that time off will be necessary to be able to vote on election day, the employee must give the employer at least two working days’ notice that time off for voting is desired, in accordance with the statute.

Finally, no less than 10 days before every statewide election, every employer must keep posted conspicuously at the place of work, if practicable, or elsewhere where it can be seen as employees come or go to their place of work, a notice setting forth employee voting leave rights.

Q&A provided by ThinkHR, powering the UST HR Workplace for nonprofit HR teams. Have HR questions? Sign your nonprofit up for a free 30-day trial here.

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10/21/16 9:02 AM

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UST maintains a secure site. This means that information we obtain from you in the process of enrolling is protected and cannot be viewed by others. Information about your agency is provided to our various service providers once you enroll in UST for the purpose of providing you with the best possible service. Your information will never be sold or rented to other entities that are not affiliated with UST. Agencies that are actively enrolled in UST are listed for review by other agencies, UST’s sponsors and potential participants, but no information specific to your agency can be reviewed by anyone not affiliated with UST and not otherwise engaged in providing services to you except as required by law or valid legal process.

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