Ensuring Compliance and Minimizing Distractions: A Guide to Voting Leave and Election Preparedness
As Election Day approaches, it's crucial for businesses to be proactive in preparing for the voting season. Nearly every state requires employers to provide time off for employees to vote, and in many cases, these hours must be paid. By understanding the voting leave laws and informing your employees about their rights, you can create a smooth Election Day while minimizing workplace disruptions.
Remind Employees About Voting Leave Laws
One of the most important responsibilities for employers during election season is to ensure employees are fully informed of their voting rights. Many states require employers to give time off for voting, and some even mandate that this time must be paid. Here's what you need to do to ensure compliance:
Steps to Take:
Provide State-Specific Voting Information: Make it easy for employees to access information on their voting rights. Include state-specific guidance on how much time they are entitled to take off, whether it needs to be paid, and how to request leave. You may consider adding this time into your HRIS/payroll system so that employees can request specific time off in advance to appropriately schedule your workforce on Election Day.
Post Required Notices: States like California, New York, and the District of Columbia require voting leave notices to be posted in the workplace or provided electronically to remote employees. Make sure to distribute these notices by the required deadlines and collect acknowledgments from remote staff where necessary. We provide all of the information you need for these states below!
Encourage Early Voting: If your state allows early voting, consider offering the same time-off benefits for employees who choose this option. Early voting can reduce the number of absences on Election Day, helping maintain business operations.
Be Flexible: Even though most voting leave laws provide specific hours, it's important to remain flexible to accommodate employees who may face long lines or unexpected delays at polling stations. Prioritizing flexibility can help avoid disruptions to work schedules.
Voting Leave Laws by State
Many states require paid time off for employees to vote, and the number of hours allowed varies by state. To help your employees, here's a breakdown of the states that require paid time off for voting, along with how many hours they are entitled to.
Information from state-specific government agencies (where offered) are linked, so please review in detail your state for more information:
Alaska – Up to 2 hours of paid time off to vote if employees do not have sufficient time outside of working hours.
Arizona – Up to 3 hours of paid time off if employees have insufficient time outside of work to vote.
California – Up to 2 hours of paid time off if employees cannot vote outside of working hours.
Colorado – Up to 2 hours of paid time off, with advance notice required.
Hawaii – 2 hours of paid time off if employees cannot vote during non-work hours.
Illinois – Up to 2 hours of paid time off, with advance notice, if there isn't enough time outside of work.
Iowa – Up to 3 hours of paid time off to vote, with notice to the employer.
Kansas – Up to 2 hours of paid time off unless polls are open before or after work hours.
Kentucky – At least 4 hours of paid time off to vote or apply for an absentee ballot.
Minnesota – Sufficient paid time off during morning hours to vote.
Missouri – Up to 3 hours of paid time off if there's not sufficient time outside of work.
Nebraska – Up to 2 hours of paid time off if employees lack 2 consecutive hours outside of work to vote.
Nevada – Up to 3 hours of paid time off based on the distance to the polling station.
New Mexico – Up to 2 hours of paid time off unless the workday starts 2 hours after polls open or ends 3 hours before they close.
New York – Up to 2 hours of paid time off if employees do not have 4 consecutive hours outside of work to vote.
South Dakota – Up to 2 hours of paid time off if employees don't have sufficient time to vote outside of work.
Tennessee – Up to 3 hours of paid time off if employees cannot vote outside of work hours.
Texas – Paid time off if employees don't have 2 consecutive hours outside of work to vote.
Utah – Up to 2 hours of paid time off if employees lack 3 hours outside of work to vote.
Washington – Paid time off if employees cannot vote outside of work hours.
West Virginia – Up to 3 hours of paid time off if there's insufficient time to vote outside of work.
Wyoming – Up to 1 hour of paid time off unless employees have 3 consecutive non-working hours while polls are open.
As Election Day nears, it’s essential to stay up-to-date by regularly checking with your state agency for any changes, as voting laws are continually evolving. Please note that Rising Tide HR is not responsible for providing ongoing updates on this information.
Informing Employees About Voting Time Off
In addition to understanding the laws, businesses should have a clear plan for communicating these rights to their employees. Here's how you can keep your team informed:
Post Required Notices: States such as California, New York, and the District of Columbia mandate that businesses post voting rights notices in a visible location. For remote employees, these notices should be provided electronically. Note - state notices in English linked below. Other languages can be found on your state agency website.
California: Notices must be posted at least 10 days before Election Day (October 26).
District of Columbia: The notice must be posted 60 days before Election Day (September 6 - if this isn’t already done, we encourage you to post ASAP), and employers must collect acknowledgment from remote employees.
New York: Notices must be posted at least 10 working days before Election Day (October 22).
At Rising Tide HR, we understand the complexities businesses face during election season and the importance of maintaining a respectful, distraction-free workplace. We’re here to help you navigate this political timeframe by providing guidance on compliance with voting leave laws, offering strategies for minimizing political distractions, and fostering a neutral, inclusive environment for all employees. Whether it’s crafting clear communication policies or ensuring you’re up-to-date on state-specific legal requirements, Rising Tide HR is your partner in creating a smooth, compliant, and engaged workplace during this critical time. Let us handle the details so you can focus on keeping your business running smoothly.
