Legal Blog

Employers Beware of States with Voting Leave Laws

As the election gets closer, employers that cross jurisdictions must be aware of the various voting leave laws that affect the state(s) where their employees are working. The purpose of this blog is to provide an overview of the voting laws in the U.S. Employers should consult with counsel to obtain details in the jurisdictions where their employees are located.

Some States Have No Laws Relating to Voting

There are a handful of states that do not have state voting leave laws. These states are:

  • Connecticut
  • Delaware
  • Florida
  • Idaho
  • Indiana
  • Maine
  • Michigan
  • Montana
  • New Hampshire
  • New Jersey
  • North Carolina
  • Oregon
  • Pennsylvania
  • Rhode Island
  • South Carolina
  • Vermont
  • Virginia
  • Washington

NOTE: This does not look into the local leave laws of certain counties or cities. Even more, just because there is no leave laws, does prohibit employers from providing such leave to employees.

Some States Required Paid Voting Leave

There are a handful of states that require certain employers to provide paid leave for voting. They include:

  • Alaska
  • Arizona
  • California
  • Colorado
  • Hawaii
  • Illinois (*only for general or special elections)
  • Iowa
  • Kansas
  • Maryland
  • Minnesota
  • Missouri
  • Nebraska
  • Nevada
  • New York
  • Oklahoma
  • South Dakota
  • Tennessee
  • Texas
  • Utah
  • West Virginia
  • Wyoming

Now each state has its own intricacies regarding notice and payment. However, it is important that employers look into each states’ voting laws to ensure that their employees are getting compensated. It should also be noted that some states have limits as to how much time can be spent/paid for voting. For instance, Arizona allows a maximum of 3 hours of voting leave, while Alaska has unlimited voting leave. New York on the other hand allows up to 2 hours of leave. New York employers can even specify when employees can take the time (ie- at the end of a shift, or the beginning of a shift).

As the election draws near, it is important for employers to make sure that they are complying with the voting leave laws of their employees’ place of residence.



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