Editorial · October 16, 2020
Voting Leave Laws: What Employers Need to Know
Voting leave laws are written by states, and they differ a lot. That is the first thing to know before Election Day on November 3, 2020. If you employ people in more than one state, you may have more than one set of rules.
Who sets the rules
Time off to vote is mostly a state matter. States count differently. Ballotpedia lists 28 states with a rule for the 2020 cycle. A law firm summary published on October 9, 2020 counts 30. Both agree on the main point. The answer depends on where the worker votes and works.
Check the rules in each place where your staff vote, and confirm the details with the state.
How much time states allow
Most laws allow between one and three hours. Two hours is common. Alabama and Wyoming allow one hour. California, Colorado, Illinois and Georgia allow two. Arizona, Iowa and Wisconsin allow three.
Many laws apply only if the worker lacks enough free time. In Colorado, a worker with three or more off-duty hours while the polls are open is not covered. In Arizona, the worker needs less than three consecutive hours outside the shift before or after it. A worker with a long window before or after the shift usually gets no extra time.
A few states go further. Kentucky allows up to four hours, but the employer does not have to pay for them. Maryland allows up to two hours and requires pay for that time, and the employer may ask for proof that the worker voted. Minnesota lets a worker be absent for the time needed to vote and return to work that day without loss of pay. Nevada ties the hours to the distance between the job and the polling place.
Paid or unpaid
Pay is where states differ most. California, Colorado and Illinois call for paid time. Alabama, Georgia and Wisconsin list the time as unpaid. Some states tie pay to whether the worker actually voted.
Some laws bar a pay cut for the time taken. Some states tie pay to a worker who actually voted. Ask your lawyer before you dock anyone's pay.
Notice and scheduling
Some states ask the worker to give notice first. Alabama and Georgia say reasonable notice. California says two working days. Illinois and Arizona say one day. Colorado asks for notice before Election Day.
Many states let the employer pick the hours. Colorado lets the worker ask for the start or end of the shift. Arizona and Colorado treat a refusal as a crime. Arkansas sets a fine of $25 to $250. Penalties like these are reasons to plan ahead.
States with no voting leave law
Ballotpedia shows no voting leave law for the 2020 cycle in states such as Connecticut, Florida, Pennsylvania and Virginia. No law does not mean no choice. An employer may still let workers take time to vote if their shifts leave no other window.
A short checklist for this month
Start with a list of the states where your staff live and work. Look up each state's law and write down the hours, the pay rule and the notice rule. Then send one plain note to staff before November 3. Tell them how to ask for time and who to ask. Keep it fair, and treat every worker the same way.
Mail voting has grown since 2016, and Squire Patton Boggs expects many people to still vote in person on November 3. Plan for both, and tell staff about their options.
This is general information, not legal advice. State laws change, so confirm each rule with your state election office or a lawyer.