October 21, 2016
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.
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