Voting Leave Compliance Obligations: What Employers Need to Know

As Election Day approaches, it's essential for employers to brush up on voting leave laws and ensure that any mandatory notices are posted or distributed to employees. Keeping your organization compliant with these requirements is not just a legal obligation but also a way to support civic participation.

Voting Leave Requirements

Most states require employers to provide unpaid leave to vote or do not have specific requirements, while some states require paid leave. Each state’s requirements differ, so it’s crucial to be familiar with the specific regulations in the states where your company operates. Even in states without specific voting leave requirements, employers may be restricted from interfering with employees exercising their right to vote. 

Key Points to Consider:

• Employees in many states can request a few hours off to vote, sometimes with pay.
• Voting leave requests often require minimal notice, meaning employers must be prepared for last-minute absences.
• If early voting is available in your state, consider encouraging employees to take advantage of it to reduce Election Day absences.
• Be sure to communicate your voting leave policy clearly and provide necessary accommodations to avoid last-minute disruptions.

Overview of State Voting Leave Laws Map

Map Source: Ogletree

Required Voting Notices

Some states, including California, District of Columbia, and New York, require employers to post voting rights notices in the workplace. If your workforce includes remote employees, be sure to distribute these notices electronically and get acknowledgment of receipt when required.

Here’s a breakdown of the requirements by location:

California

• Employers must post a notice about employees' right to vote at least 10 days before the election, which for the November 5 election means October 26, 2024 (or October 25 if your business is closed on Saturdays).
• The official California notice is available in English, and additional languages can be found here.

District of Columbia

• DC employers must post a voting leave notice created by the DC Board of Elections 60 days before the election, which for the November 5 election is September 6, 2024. If employees work remotely, employers should provide the notice electronically and obtain acknowledgment of receipt.
• The notice can be found in English and other languages here.

New York

• Employers are required to post a notice about employees' voting rights at least 10 working days before the election, meaning October 22, 2024 for Monday-Friday workplaces.
• The official New York notice can be accessed here.

Take Action

Employers should understand take action to comply with these state laws and consider how voting leave interacts with employees' work hours and polling times, whether time off to vote is mandatory, if it needs to be paid or unpaid, what kind of notice employees must give to request leave, and what notice employers are required to provide.

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