Giving Employees Time Off for Voting and Jury Duty
Most states require employers to let employees take time off work to vote or serve on a jury.
The laws of almost every state require employers to give employees time off to cast a ballot or show up for jury duty. These laws vary widely in the details, however -- some require employers to provide paid leave, while others do not; some allow employers to require employees to show some proof that they voted or were called for jury service; and some actually impose criminal penalties on employers who fire or otherwise penalize an employee for taking time off work for these civic obligations.
Voting
Almost every state prohibits employers from disciplining or firing an employee who takes time off work to vote. Some state laws require employers to give their employees a specific amount of time off to cast their ballots; in most of these states, the time an employee takes off must be paid.
Often, how much time off you have to provide depends on the employee's schedule -- for example, if an employee has two or three consecutive hours off while the polls are open or otherwise has enough time to vote before or after work, you may not have to let the employee take leave to vote during work hours.
The obligations of these laws do not fall entirely on employers, however. In some states, employees who want to take advantage of these laws must meet certain requirements, like proving that they actually cast ballots or giving their employers notice, in advance, that they intend to take time off work to vote. To find out the rules in your state, contact your state labor department.
Even if your state doesn't require you to give time off for voting, you might still have to provide time off to vote if you have promised to do so in your employee handbook or other personnel policies. For help putting together or revising your employee handbook, including a sample policy on voting leave, see Create Your Own Employee Handbook, by attorneys Lisa Guerin and Amy DelPo (Nolo). It also provides information on each state's voting laws.
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