HR Question:

With election day around the corner, am I (as an employer) required to give my employees time off to vote?

HR Answer:

Voting is a basic right in the United States, but do employers have to provide time off to allow employees to exercise that right? As with many answers in human resources, “It depends.”

In the United States, laws regarding time off to vote vary widely from state to state, with some states offering employee protections and others leaving it up to the employers. Particularly in a presidential election year, which typically draws more people to the polls, now is the time to ensure you know what is and is not required of you before election day arrives.

Do I Have to Pay for Time Off?

As an employer, it is important to understand that the answer to this question depends on the state(s) where you have employees working. Federal law does not require time off or pay for voting, however, some states do. As a result, it is necessary to investigate the state laws for the states in which you have employees working and ensure you are in compliance.

The laws across states vary significantly. For example, in some states, such as New York, California, and Texas, employers are required to provide paid time off if workers lack sufficient time outside of their working hours. In Ohio, employers are expected to provide a “reasonable amount of time” off for workers to vote. In other states, such as North Carolina and Georgia, employers must provide time off but it’s not required to be paid. And yet there are other states, such as Florida and Oregon, where there is no legal requirement for employers to provide time off to vote.

If that isn’t complicated enough, look to Arizona. Arizona’s law requires an employer to give an employee three hours of time off if there are less than three consecutive hours between the opening of polls and the beginning of the employee’s regular shift, or between the end of the employee’s regular shift and the closing of polls.

How Much Time Do I Have to Provide?

The amount of time you’re required to provide (if your state requires it) varies. Again, this is determined by where your employee works. For instance, in Colorado, employees are allowed up to two hours to vote, while in Kentucky, the time allowed can be up to four hours. The idea is to provide enough time to vote without significantly disrupting the workday.

Do Employees Have to Provide Notice?

In several states, employees must request time off in advance. For example, in New York, employees must notify their employer at least two days before Election Day if they need time off to vote. This requirement helps employers plan for coverage but also ensures that employees can take time off as needed.

If you are looking for additional information regarding policy requirements surrounding voting, look to your state’s official website. Regulations change often, so be sure to review the requirements annually for potential updates.

Regardless of state requirements, employers should consider their culture and determine the “right thing to do” for their organization. Review the legal requirements, but also consider what feels right within your organization. This could include providing time off for employees to vote, even without being legally required to do so.

Thank you to Paula Alexander, MA, PHR, SHRM-CP, HR Business Advisor for contributing to this HR Question of the Week.

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