With the presidential election approaching on November 5th, employers should be aware of any state requirements to provide employees with leave to vote or other prohibitions on interference with voting. Over 25 states have laws requiring employers to provide either election-specific leave or leave to be used for any reason, including voting. This article is intended to be a high-level overview of voting leave laws and employer best practices. It is not intended to encompass all states with voting leave laws or all voting leave requirements required by a particular state.
| States Requiring Paid Voting Leave | States Requiring Unpaid Voting Leave |
| Alaska | Alabama |
| Arizona | Arkansas |
| California | Georgia |
| Colorado | Kentucky |
| District of Columbia | Massachusetts |
| Illinois | Ohio |
| Iowa | Wisconsin |
| Kansas | |
| Maryland | |
| Minnesota | |
| Missouri | |
| Nebraska | |
| Nevada | |
| New Mexico | |
| New York | |
| Oklahoma | |
| South Dakota | |
| Tennessee | |
| Texas | |
| Utah | |
| West Virginia | |
| Wyoming |
Voting Leave Highlights
- Some states require employers to post physical notices in workplaces located within the state:
- California: Employers must conspicuously post a notice containing information on the voting leave statute at least 10 days before every state-wide election (state-wide elections are listed here).
- New York: Employers must post the required notice at least 10 days before Election Day and keep it posted until polls close.
- The majority of paid voting leave laws apply to employers of any size.
- Most states requiring paid leave provide 2 hours of paid leave to allow employees to vote. However, some state laws provide 3 or more hours of paid leave or allow employees the “necessary” amount of time to vote, depending on their distance from the polls or other factors.
- In some unpaid leave states, including Georgia, voting leave allows employees to request leave to vote on either an early voting day or election day.
- Some states, including Alaska, California, New York, Texas and Wyoming, condition the availability of paid leave on an employee’s scheduled hours. For example, in New York, voter leave is only required to be provided to employees that do not have at least four consecutive non-working hours during the hours the polls are open.
Voting Leave Best Practices
Employers with employees in states that require voting leave should have a written policy in place detailing voting leave procedures. Employers with existing leave policies should review voter leave requirements in states where they have employee populations and ensure their leave policies are compliant with requirements in those states. A voting leave policy should include:
- The elections for which the employee can request leave
- If there are eligibility conditions for taking voting leave (ex. working a certain number of hours during polling hours)
- The length (hours) and frequency in which the employee can request voting leave
- The process for requesting leave, including how many days in advance an employee must request leave (some states have a maximum number of days that an employee can be required to request leave in advance)
Some states allow employers to require employees to show their voter registration to request voting leave. Employers should be cautioned about requiring voter registration to request leave, as this may be construed by employees as inquiring or collecting information on an employee’s political affiliation. Employers who chose to do so should emphasize that proof of registration is required solely to verify eligibility to vote and should not retain or otherwise categorize an employee’s voting documentation beyond what is required to verify eligibility.
Next Steps
Ahead of the election, employers will want to do the following:
- Review (or draft) their voting leave policy for compliance with any relevant state laws.
- Consider a communication making employees aware of any voting leave available to them and the requirements to request leave.
- Notify managers of the importance of approving compliant leave in accordance with state laws.
- For employers that are not subject to any state mandated voting leave requirements, consider communicating your expectations around employees voting during the workday. Note that several states that do not have voting leave requirements do have laws expressly prohibiting employers from influencing an employee’s choice to vote or how an employee votes, including Connecticut, Delaware, Florida, Idaho, Michigan, New Jersey and Pennsylvania.
- For employers with workplace locations in states with posting requirements, post the required notices by the applicable deadlines.
Resources
Connect with a Sequoia consultant to learn how Sequoia’s compliance services are integrated in our benefits services and tailored solutions. And if you’re already a Sequoia client, stay on top of your employer obligations with your Compliance Checklist that highlights important compliance dates, action items, and resources.
The information and materials on this blog are provided for informational purposes only and are not intended to constitute legal or tax advice. Information provided in this blog may not reflect the most current legal developments and may vary by jurisdiction. The content on this blog is for general informational purposes only and does not apply to any particular facts or circumstances. The use of this blog does not in any way establish an attorney-client relationship, nor should any such relationship be implied, and the contents do not constitute legal or tax advice. If you require legal or tax advice, please consult with a licensed attorney or tax professional in your jurisdiction. The contributing authors expressly disclaim all liability to any persons or entities with respect to any action or inaction based on the contents of this blog. © 2024 Sequoia Consulting Group. All Rights Reserved.
