Posted on 27-Oct-08 by The Timekeeper

The upcoming U.S. election is generating a lot of interest (to put it mildly). Lots of people who have never voted before are planning to vote this year. Lines are expected to be long, and even with extended polling hours, it’s possible employees arrive late at work or may wish to leave early in order to vote.

So, do employers have to allow employees time off to vote?

The answer, it turns out, is a resounding maybe. In most states there is some kind of law on the books specifying that employers must allow employees time off to vote. But how much time and what the penalties are for non-compliance varies from one state to the next.

Of those states that mandate employers must allow time off for voting, most permit employees to be absent between one and three hours without adverse employer action. Kentucky allows employees to take off up to four hours to vote. Wow. I guess they must vote slowly in Kentucky, or something. (Just kidding, Kentukians! You know I love you like I love my luggage.)

A few states require employees to request leave in advance. Some even vary the amount of time off allowed based on how far the polling place is from the place of work. Some specifically prohibit employers from docking employee pay if they’re absent for the purpose of voting, as long as they’re not absent for longer than the allowable time. Others don’t specify.

Thirteen states (Alaska, Arkansas, California, Delaware, Mississippi, Minnesota, New Jersey, New York, Ohio, North Dakota, South Carolina, Texas and Pennsylvania) don’t specify a particular amount of time. Most of these simply prohibit employers from interfering with employees’ right to vote and say employers must grant “reasonable” time off (whatever that might be).

Fourteen states (Connecticut, Florida, Idaho, Indiana, Louisiana, Maine, Michigan, Montana, New Hampshire, North Carolina, Oregon, Rhode Island, Vermont and Virginia) and the District of Columbia don’t have any statute specifying any time off for voting. But when an election has generated this much interest, employers might do well to be at least a little lenient with allowing their employees to exercise their voting rights.

As an employee, if you’re in one of those states that doesn’t mandate time off to vote — and even if you’re in one of the others where time off is written into the law — you might consider voting early (if your state allows it). You may be able to exercise your right to vote without taking any time off from work at all (or spending a long time standing in line on Election Day).

Either way, whether you’re an employer or an employee, get out there and vote!

Hat top to Dorsey & Whitney LLP for preparing a totally awesome state-by-state summary of the regulations! (PDF document)

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