Our Human Resources Blog

Election Day is right around the corner- on November 2^nd. Chances are some (if not all) of your employees will want to vote and many may need to juggle their schedules or take time off to do so.

As an employer, there are no federal laws requiring a business to give employees time off to vote. However, there are many state laws on the books that require employers to grant employees time off to vote- especially in situations where an employee's work hours don’t allow sufficient time to vote during polling hours.

The following are the laws for Maryland, Virginia, the District of Columbia and Delaware:

Maryland: Employee may have two hours' paid leave; employee must provide proof he or she voted to receive pay for time.

Virginia: No law requiring employee time off to vote.  Employers may not fire or charge sick or vacation leave for employees who serve as election officers, provided the employees gave reasonable notice. 

District of Columbia: No law requiring employee time off to vote.

Delaware: If the employee has vacation time and the employer is not in critical need of the employee, the employer shall not deprive the employee of the time off.

The voting laws in other states vary, but generally the following apply:

• If polls are open two or three hours before or after employees' normal tour of duty, the employer is not obligated to provide time off to vote.
• Employers may require that employees provide written requests for time off to vote.
• Employers may designate when time off will be permitted for employees to vote.
• Employers may not include lunch periods as part of the voting time off permitted.
• Employees may not be disciplined or retaliated against for taking time off to vote.

While the laws in your state may not require employers to grant paid time off, offering employees flexibility in their schedules on Election Day is a great way to encourage them to participate in the political process and vote!