What do state laws say about Election Day employee rights?

Most states say employers can’t terminate or take other disciplinary action against someone who takes time off to vote. However, how and when workers can vote during their normal shifts varies by state.

Violating state election rights laws can be costly for your company, even resulting in the revocation of your business charter in some states. Many states fine managers who commit voting rights violations, including Kansas, Missouri and Arizona.

The importance of allowing employees time off to vote goes beyond the financial cost, however. Your customers and potential employees could develop a negative view of your business if they find out you don’t let workers visit the polls. Consider drafting a company-level policy that provides time off on Election Day.

How do state laws on time off for voting vary?

Some states mandate paid time off when employees vote for salaried employees only. Other states require only unpaid time off.

In certain states, you might determine when your workers cast their ballots. Some state laws even specify the time relative to the start and end of the person’s work day. In other states, however, the employee can take time off at any point during Election Day.

Some states limit the circumstances in which employees can take time off to vote. For example, you may only have to put this policy in place for workers whose shifts overlap with the polling times. Depending on your business location, you can require workers to provide advance notice and/or proof that they voted.

When creating Election Day employee rights policies for your workplace , carefully review local and state laws to understand your obligations as an employer in this situation. Doing so can preserve your relationship with your team and the community while avoiding costly fines.