Q. "Do we need to give employees time off for voting?"

Answer:

Most states require employers to provide at least a few hours off to vote and, sometimes, those need to be paid. Often these laws require very little advance notice from employees about their need for leave, so employers should be prepared to grant last-minute requests to leave work to vote.


If you’re in a state with early voting, you may want to encourage employees to take advantage of that option by offering the same time-off benefit to reduce the number of absences on Election Day. The availability of early voting and absentee ballots, however, doesn’t change an employee’s right to vote on Election Day if that’s their preference.


Here are some of the state-specific requirements, as well:

  • California, DC, & New York - Require employers post a notice about employees’ voting rights in a conspicuous location in the workplace. Remote employees should be notified electronically.

  • California - Requires the notice to be posted at least 10 days before the November 5 election (Saturday, October 26). We recommend posting or sending notice by Friday the 25th. California’s notice can be found in English here and in other languages here.

  • The District of Columbia - Requires employers post a voting leave notice at least 60 days before the November 5 election (September 6). If you provide this notice electronically, you need to get acknowledgment of receipt. The notice can be found here. The DCBOE also has a web page with additional information.

  • New York - Requires notice to be posted at least 10 working days before the November 5 election (October 22 for a Monday through Friday workplace). New York’s notice is available here.

 

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