With Election Day fast approaching, now is the perfect time for employers to review voting leave laws and ensure that any mandatory notices are posted. Staying compliant with state-specific regulations will help your employees exercise their voting rights while keeping your workplace running smoothly.

Most states require employers to provide employees with time off to vote, and in some cases, that time must be paid. Many of these laws require little to no advance notice from employees, so businesses should be prepared for last-minute requests. Encouraging employees to take advantage of early voting options, when available, can help reduce the number of absences on Election Day. However, employees still retain the right to vote on Election Day if they choose.

Required Notices

Certain states, like California, the District of Columbia, and New York require that employers post notices about employees’ voting rights in an accessible workplace location. If your employees work remotely, make sure these notices are provided electronically, and in some cases, you’ll need to confirm receipt.

District of Columbia

In the District of Columbia, employers are required to post a notice provided by the DC Board of Elections. This notice should inform employees about their right to take paid administrative leave to vote. Employees must be granted at least two hours off to vote in any election held in the District or another jurisdiction where they are eligible to vote.

Employers may require employees to submit voting leave requests in advance and may specify the hours during which employees can take time off. Early voting in DC begins on October 28, 2024, and runs through November 3, 2024, so this is a great option for spreading out voting-related absences.

New York

In New York, if an employee does not have four consecutive hours to vote between the opening of the polls and the start of their shift, or between the end of their shift and the closing of the polls, they are entitled to take up to two hours of paid time off to vote. The employer can choose whether the time off is taken at the beginning or end of the shift unless otherwise agreed upon.

Employees are required to notify their employer at least two days but no more than ten days before the election if they need time off to vote. New York employers must also post a notice about employees’ voting rights at least 10 working days before the election, which is Monday, October 22, 2024.

California

California law mandates that employees be allowed up to two hours of paid time off to vote if they don’t have sufficient time outside of working hours. Employees can take additional time, but only two hours of that will be paid. The time off must be scheduled either at the beginning or end of the work shift unless another arrangement is made.

Employees must notify their employer at least two working days prior to the election if they think they will need time off to vote. Remember, for the upcoming election, California employers are also required to post a notice about voting rights no later than Saturday, October 26, 2024. If your business is closed on Saturdays, post by Friday, October 25.

If you have questions about requirements for your workplace, please contact me at edgar@officiumdc.com or schedule a time to talk here.