Election Day is almost here, so now is a good time to brush up on voting leave laws and make sure you’re posting any mandatory notices.
Voting Leave
Most states require that employers provide at least a few hours off to vote, and sometimes those hours need to be paid. Often these laws require very little advance notice from employees about their need for leave, so employers should be prepared to grant last-minute requests to leave work to vote.
If you’re in a state with early voting, you may want to encourage employees to take advantage of that option—by offering the same time-off benefit—to reduce the number of absences on Election Day. The availability of early voting and absentee ballots, however, doesn’t change an employee’s right to vote on Election Day if that’s their preference.
Required Notices
California, DC, and New York also require that employers post a notice about employees’ voting rights in a conspicuous location in the workplace. Employees who work from home or don’t report to the workplace regularly should be provided with these notices electronically.
California
California requires the notice to be posted at least 10 days before the November 5 election—which is October 26, a Saturday. If you’re closed on Saturdays, we recommend posting or sending this notice by Friday the 25th.
The District of Columbia
DC requires that employers post a voting leave notice created by the DC Board of Elections (DCBOE) at least 60 days before the November 5 election—which is September 6. If you provide this notice electronically for remote employees, you need to get their acknowledgment of receipt. The DCBOE has a web page with additional information.
New York
New York requires the notice to be posted at least 10 working days before the November 5 election (this would be October 22 for a Monday through Friday workplace).
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