Which States Require Employers to Give Employees Time off to Vote?

Typically, time-off-to-vote laws require that employees who are registered voters be given time off from work —usually up to two or three hours —in which to visit the polls.

"In many cases, however, time off is only guaranteed if the employee does not have sufficient time outside of working hours to cast a ballot," explained David Stephanides, JD, CCH employment law analyst. "However, the fact that early voting or vote-by-mail is available normally does not relieve the employer of the duty to provide time off on voting day itself."

States strike a balance. Laws governing time off to vote can be found in 31 states. While federal law protects a citizen's right to vote, it is individual state law that arbitrates between that right and the rights of employers to discipline workers or withhold pay for time not worked. Many of these rules are trying to strike a balance between the interests of the employee and the employer.

For expanded coverage of voting/employment laws, including citations to applicable codes and statutes, click here.

Reprinted with permission. © CCH

(Submitted Oct. 2008)

Which States Require Employers to Give Employees Time off to Vote? Typically, time off to vote laws require that employees who are registered voters be given time off from work —usually up to two or three hours —in which to visit