Workplace of Choice

The midterm elections are right around the corner and with all the hype and press, it feels much like a Presidential election year.  With a lot at stake for many Americans, voter turnout is expected to be high.  As an employer, do you have a HR policy that addresses how you will handle your employees’ request for time off to vote?  Although there is no federal law mandating voting leave, most states have laws which provide for such provisions.  Before developing your Voting Leave Policy, be sure to consult your specific state requirements.  Your policy should include the following:

• Will voting leave be paid or unpaid?  Reviewing state law and determining if the employee is exempt or non-exempt will help guide you with respect to pay.  Often times a salaried employee is able to take some time off without pay being affected.  Also, some states require that voting leave be paid at time and a half for non-exempt employees. 
• What are the notice requirements?  Many employers require written notice in advanced to take voting leave. This notice may include how long and when the employee will be out of the office.   How far in advanced this notice is required and exactly what it will look like will vary from state to state.  Additionally, in some states, employers are required to be lenient if the voting takes additional time based on busy polling lines.
• How much time is reasonable?  Typically voting time off ranges from 2-4 hours.  Depending on the polling hours, work schedule and state requirements an employer can grant the appropriate amount of time.  In some states, employers may be able to change work schedules to accommodate voting and will not be required to offer time off from work to vote.

Voting is a civic duty and state compliant policies should be developed which encourage employees to take part in the democratic system.