With election season upon us, it's crucial for employers to understand their responsibilities regarding employee voting leave. In many states, laws require businesses to accommodate employees who want to cast their vote. Staying compliant is key to supporting your team’s civic engagement while avoiding any legal pitfalls. Here's what you need to know to get ahead of the game.

Employee Voting Leave: What’s Required?

Employee voting leave laws vary widely from state to state, but the goal is the same: to ensure workers have the time they need to participate in elections without worrying about missing work or losing pay. In general, these laws provide employees with paid or unpaid time off to vote if they do not have sufficient non-working hours while the polls are open. As an employer, your task is to navigate these regulations and implement policies that align with state-specific rules.

Key States to Watch: California, Illinois, Nebraska, Missouri, Iowa, Kentucky, Nevada, Tennessee, Colorado, and the District of Columbia all have unique requirements for voting leave. For detailed guidance on your state, reach out to us — we're here to help you navigate the specifics.

Understanding New York’s Voting Leave Requirements

For New York employers, the state’s voting leave law is clear. Under New York Election Law § 3-110, employees who are registered voters and do not have four consecutive non-working hours while the polls are open can take off enough time to cast their vote without losing pay, for up to two hours.

Notice & Timing:

• Employees must provide at least two working days' notice before the election.

• Employers can dictate whether the leave is taken at the start or end of a shift unless a different arrangement is agreed upon.

Posting Requirements: You must post a notice about the voting leave law at least 10 working days before the election, and it needs to remain visible until the polls close on election day.

Voting Leave Best Practices

To ensure compliance and promote a culture of civic participation, here are some best practices for managing voting leave:

1. Regularly Review Policies and Practices

Take the time to review and update your company’s existing leave policies to ensure they align with current voting leave laws. It’s also important to train managers so they know how to handle voting leave requests smoothly. The sooner you address potential questions, the less disruption you'll face on election day.

Schedule a policy review each year in advance of elections to ensure you’re up-to-date on any changes to local or state laws.

2. Make a Note of Posting Requirements

Some states, like New York, require you to post notices about employee voting leave rights before each election. With remote work becoming more common, consider digital postings for remote employees in addition to physical postings in the workplace.

Use your company’s intranet or employee portal to digitally display required notices for remote workers.

3. Don’t Forget Your Remote Employees

With many employees working remotely, voting leave compliance can get tricky. Determine how state laws apply to your remote staff, especially if they live in different states. This may require applying multiple sets of voting leave rules, depending on where each remote employee resides.

Create a centralized resource or FAQ that outlines voting leave rights for remote workers in various states. This prevents confusion and keeps everyone informed.

4. Boost Morale

Encouraging employees to vote is not only about compliance; it's an opportunity to boost morale. Create a culture that supports civic participation by allowing the flexibility to vote without stress. You might even consider offering additional incentives, like a flexible start time on election day or hosting company-wide civic engagement activities.

Reach out to us to get the details on your state’s voting leave laws, and ensure you’re fully prepared to support your team during the next election cycle.