Tag Archives: november 8th 2016

Voting Leave Rights

ALABAMA
Voting Leave Required
Employees are entitled to up to one hour of unpaid voting leave, if the polls are not open at least two hours before their regular shift or at least one hour after their regular shift. Employees must provide reasonable notice to be given this time off. The employer may specify the hours that the employee can take off.

ALASKA
Voting Leave Required
Unless an employee has at least two consecutive hours in which to vote (either between the opening of the polls and the beginning of the employee’s shift or between the end of the regular shift and the closing of the polls), the employee is entitled to paid voting leave of as much working time as will enable voting.

ARIZONA
Voting Leave Required
Unless an employee has at least three consecutive hours in which to vote (either between the opening of the polls and the beginning of the employee’s shift or between the end of the regular shift and the closing of the polls), the employee is entitled to up to three hours of paid voting leave. The employer may specify the hours that the employee can take off. Employees must give notice in advance of Election Day to be entitled to this voting leave.

ARKANSAS
Voting Leave Required
Employers are required to schedule employees’ work schedules around poll hours on Election Day to enable employees to have sufficient time to vote.

CALIFORNIA
Voting Leave and Notice Required
Employers are required to post a notice to employees ten days before a statewide election advising them of voting leave rights.

If employees do not have sufficient non-working time to vote, they are entitled to up to two hours of paid voting leave at the beginning or end of their regular working shift (or another agreed upon time). An employee must provide notice at least two working days in advance of the election to be eligible for paid voting leave.

COLORADO
Voting Leave Required
Unless an employee has at least three consecutive hours in which to vote (either between the opening of the polls and the beginning of the employee’s shift or between the end of the regular shift and the closing of the polls), the employee is entitled to up to two hours of paid voting leave. The employer may specify the hours that the employee can take off. Employees must give notice in advance of Election Day to be entitled to this voting leave.

GEORGIA
Voting Leave Required
Unless an employee has at least two consecutive hours in which to vote (either between the opening of the polls and the beginning of the employee’s shift or between the end of the regular shift and the closing of the polls), the employee is entitled to up to two hours of unpaid voting leave. The employer may specify the hours that the employee can take off. Employees must give reasonable notice in advance of Election Day to be entitled to this voting leave.

HAWAII
Voting Leave Required
Unless an employee has at least two consecutive hours in which to vote (excluding any lunch or rest periods), the employee is entitled to up to two hours of paid voting leave. An employer may require a voter’s receipt as proof of voting by the employee. If an employer can verify that the employee took leave and failed to vote, the employer may make appropriate deductions from wages.

ILLINOIS
Voting Leave Required
Unless an employee has at least two consecutive hours in which to vote (either between the opening of the polls and the beginning of the employee’s shift or between the end of the regular shift and the closing of the polls), the employee is entitled to up to two hours of paid voting leave. The employer may specify the hours that the employee can take off. Employees must give reasonable notice in advance of Election Day to be entitled to this voting leave.

IOWA
Voting Leave Required
Unless an employee has at least three consecutive non-working hours in which to vote during poll hours, the employee is entitled to up to three hours of paid voting leave. The employer may specify the hours that the employee can take off. An employee must provide a written notice of request in advance of Election Day to be entitled to this voting leave.

KANSAS
Voting Leave Required
Unless an employee has at least two consecutive hours in which to vote (either between the opening of the polls and the beginning of the employee’s shift or between the end of the regular shift and the closing of the polls), the employee is entitled to up to two hours of paid voting leave. The employer may specify the hours that the employee can take off.

KENTUCKY
Voting Leave Required
Unless an employee has at least four consecutive non-working hours in which to vote during poll hours, the employee is entitled to up to four hours of unpaid voting leave. No proof of voting is required, but an employee who takes time off and does not vote may be subject to disciplinary action. The employer may specify the hours that the employee can take off. An employee must provide a notice of request in advance of Election Day to be entitled to this voting leave.

MARYLAND
Voting Leave Required
Unless an employee has at least two consecutive hours in which to vote (either between the opening of the polls and the beginning of the employee’s shift or between the end of the regular shift and the closing of the polls), the employee is entitled to up to two hours of paid voting leave. Employees requesting paid voting leave must furnish proof in the form of a state board of elections form that the employee has voted or attempted to vote.

MASSACHUSETTS
Voting Leave Required
Employees in manufacturing, mechanical, or retail industries are entitled to up to two hours of unpaid voting leave unless they have at least two consecutive hours of non-working time before the opening of the polls. Eligible employees must provide a notice of request in advance of Election Day to be entitled to this voting leave.

MINNESOTA
Voting Leave Required
Employees are entitled to paid voting leave for the time necessary to appear at their designated polling place, cast a ballot, and return to work.

MISSISSIPPI
Voting Leave Required
Employees are entitled to unpaid voting leave for the time necessary to appear at their designated polling place, cast a ballot, and return to work.

MISSOURI
Voting Leave Required
Unless an employee has at least three consecutive hours in which to vote (either between the opening of the polls and the beginning of the employee’s shift or between the end of the regular shift and the closing of the polls), the employee is entitled to up to three hours of paid voting leave. Employers may decide when the voting leave is taken. In order to be paid for the leave, an employee must submit a request before the day of the election.

NEBRASKA
Voting Leave Required
Unless an employee has at least two consecutive hours in which to vote (either between the opening of the polls and the beginning of the employee’s shift or between the end of the regular shift and the closing of the polls), the employee is entitled to up to two hours of paid voting leave. If the polls are open before or after an employee’s work shift for fewer than two consecutive hours, then the employee is only entitled to an amount of time off that, when added to the time that the polls are open before or after work, totals two consecutive hours. Employers may decide when the voting leave is taken. In order to be paid for the leave, an employee must submit a request before the day of the election.

NEVADA
Voting Leave Required
If it is impracticable for an employee who is a registered voter to vote before or after work, the employee is entitled to paid voting leave. Employees who work two miles or less from a polling place may take up to one hour of paid voting leave. Employees who work two to ten miles from a polling place may take up to two hours of paid voting leave. Employees who work ten miles or more from a polling place may take up to three hours of paid voting leave. Employers may decide when the voting leave is taken.

In order to be paid for the leave, an employee must submit a request before the day of the election.

NEW MEXICO
Voting Leave Required
Unless an employee has at least two hours in which to vote before the opening of the polls or at least three hours before the closing of the polls, the employee is entitled to up to two hours of voting leave. Employers may decide when the voting leave is taken.

Although the statute does not specify whether this leave must be paid, it states that an employer may not penalize an employee for the absence.

NEW YORK 
Voting Leave and Notice Required
Unless an employee has at least four consecutive hours in which to vote (either between the opening of the polls and the beginning of the employee’s shift or between the end of the regular shift and the closing of the polls), the employee is entitled to up to two hours of paid voting leave. Employers may decide when the voting leave is taken. The employee must notify the employer of the need for time off at least two but not more than ten working days prior to the election.

Employers must post a conspicuous notice of employee rights at least ten days before Election Day.

NORTH DAKOTA
Voting Leave Encouraged
Employers are encouraged to give employees time off to vote when their regular work schedule conflicts with the times polls are open. The voting leave is not required to be paid.

OHIO
Voting Leave Required
Employees are entitled to a “reasonable time” of paid voting leave. The statute does not state whether the time off is paid or unpaid.
OKLAHOMA
Voting Leave Required
Unless an employee has at least three consecutive hours in which to vote (either between the opening of the polls and the beginning of the employee’s shift or between the end of the regular shift and the closing of the polls), the employee is entitled to up to two hours of paid voting leave. If the employee is at such a distance from the voting place that more than two hours are required, then the employee shall be allowed a sufficient time in which to cast a ballot. Employers may decide when the voting leave is taken. The employee must provide written or verbal notice one day before the election and must provide proof of voting. In lieu of voting leave, the employer may change the work hours to allow three hours before the beginning of work (or after the work hours) for the employee to cast a vote.

SOUTH DAKOTA
Voting Leave Required
Unless an employee has at least two consecutive hours in which to vote (either between the opening of the polls and the beginning of the employee’s shift or between the end of the regular shift and the closing of the polls), the employee is entitled to up to two hours of paid voting leave. Employers may decide when the voting leave is taken.

TENNESSEE
Voting Leave Required
Unless an employee has at least three consecutive hours in which to vote (either between the opening of the polls and the beginning of the employee’s shift or between the end of the regular shift and the closing of the polls), the employee is entitled to up to three hours of paid voting leave. Employers may decide when the hour is taken. The employee must give notice of the need for time off to vote at least before 12:00 p.m. on the day prior to the election.

TEXAS
Voting Leave Required
Unless an employee has at least two consecutive hours in which to vote (either between the opening of the polls and the beginning of the employee’s shift or between the end of the regular shift and the closing of the polls), the employee is entitled to reasonable time off to vote. The statute states that employers may not refuse to allow employee to take time off to vote, but no time limit specified.

UTAH
Voting Leave Required
Unless an employee has at least three consecutive hours in which to vote (either between the opening of the polls and the beginning of the employee’s shift or between the end of the regular shift and the closing of the polls), the employee is entitled to up to two hours of paid voting leave at the beginning or end of the regular work shift. Employers may decide when the voting leave is taken. The employee must request leave prior to Election Day.

WEST VIRGINIA
Voting Leave Required
Unless an employee has at least three consecutive hours in which to vote (either between the opening of the polls and the beginning of the employee’s shift or between the end of the regular shift and the closing of the polls), the employee is entitled to up to three hours of paid voting leave. Employees requesting paid leave must submit a request in writing at least three days prior to Election Day.

Employers in essential government, health, transportation, and communication services and in production, manufacturing, and processing facilities may change the employee’s schedule so that time off does not adversely impact essential operations.

WISCONSIN
Voting Leave Required
Employees are entitled to up to three hours of unpaid voting leave. Employers may decide when the voting leave is taken. Employee requesting leave must provide notice before Election Day.

WYOMING
Voting Leave Required
Unless an employee has at least three consecutive hours in which to vote (either between the opening of the polls and the beginning of the employee’s shift or between the end of the regular shift and the closing of the polls), the employee is entitled to up to one hour of paid voting leave other than a meal break. Employers may decide when the voting leave is taken.

 

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