With Election Day approaching, employers should review their policies for compliance with state and local laws to determine whether or not they are required to provide their employees with time off to vote.

 

While many states, like New Jersey, do not have any such requirements, others, like New York, require employers to provide employees with time off to vote and impose civil and/or criminal penalties for non-compliance.

 

State laws vary as to whether such time must be paid, the amount of notice, if any, employees must provide their employers of their intention to vote and whether employers can designate the hours taken off to vote. Some states also require postings to advise employees of their voting leave rights.  Some states also require employers to provide their employees with time off to act as election officials.  

 

Employers should make themselves aware of any applicable requirements, to ensure they are prepared to appropriately address employee requests for time off to vote, to avoid violations of any applicable laws, and to minimize disruptions in the workplace.