With the election coming up on Tuesday, employers should check to make sure their leave policies comply with state law requirements for providing employees sufficient time off from work to vote.
In Georgia, employers are only required to provide leave if the polls are open fewer than two hours before an employee’s shift begins, or two hours after an employee’s shift ends. Employees who require additional time to vote must provide “reasonable notice” to their employers, and must be given up to two hours of unpaid leave to vote if needed, although the employer may designate the specific time at which such leave is to be taken.
The following are examples of voting laws from other states:
Arizona, Colorado, and Iowa require additional paid time off for employees who do not have at least three consecutive hours before or after their shifts to vote.
In Arizona and Iowa, the employer may specify when during the work day the employee may take time off to vote, and the amount of leave, when coupled with the time available before or after the employee’s shift, need not exceed three hours.
In Colorado, the employer must provide up to two hours of paid time off and may specify the time, but it must be at the beginning or end of the work day if the employee requests.
New York law provides for up to two hours paid time off for employees without at least four consecutive hours in which to vote before or after work.
California requires that the employee take time off at either the beginning or end of the work day, whichever interferes less with the work day. The employee may take such leave if he or she provides at least two days’ notice that leave will be required, and the time off must only be sufficient that, when added with the time available before or after work, the employee actually has time to vote. The employer must only pay for the leave if the required time off exceeds two hours.
Minnesota law provides only that the employee be given paid leave sufficient to allow the employee to get to the polls, cast a ballot, and return to work.
If you have questions about these laws, or require information for any other state, please contact one of our employment attorneys.