Employment Law Update: Employers – Know Your Election Leave Obligations
Date: October 23, 2024
In Virginia, there is no general statute that requires employers to give employees time off to vote. Virginia employers should review their handbooks and policies in advance of the election and ensure that they follow their own policies. It is important for Virginia employers to remember that Virginia law prohibits employers from taking any adverse action against an election board member or volunteer or to requiring an election board member or volunteer to take vacation or sick leave to serve on a local election board or at a polling place. Va. Code § 24.2-119.1.
Election laws that impact employment are generally governed by state law. Therefore, employers with operations outside the state of Virginia must evaluate and consider the laws of all states in which they have employees.
Some states mandate paid time off for voting, including early voting or absentee ballot submission. Other states require that employers provide employees with leave but allow this time to be unpaid. The specifics of these statutes vary and include differences in the amount of time off required, whether the employee’s work hours trigger an obligation for time off and whether employers may dictate the schedule of the time off. A summary of voter laws in the states where Whiteford has its offices is below:
- Delaware: Delaware does not provide voting leave. In Delaware, however, an employer cannot hinder, control, coerce, or intimidate (or attempt) any qualified elector of Delaware from or in the exercise of the elector’s right to vote by threats of depriving such elector of employment. Del. Code Ann., Title 15, § 5162.
- District of Columbia: Eligible voters are allowed at least 2 hours of paid leave to vote in person. If the employee is not eligible to vote in the District, the employee is entitled to the same amount of paid leave to vote in any election run by the jurisdiction in which the employee is eligible to vote. D.C. Official Code § 1-1001.07a.
- Kentucky: Eligible voters are entitled to a reasonable time to vote, but not less than 4 hours while polls are open. Employers must provide employees with up to 4 hours’ off on the day of appearing before the county clerk, during business hours, to request an application or execute an absentee ballot. Kentucky does not dictate that this be paid. Employers may specify the hours of permitted absence. Kentucky Revised Statute § 118.035.
- Maryland: Every Maryland employer must permit any employee who claims to be a registered voter in Maryland paid leave not to exceed 2 hours on election day to cast a ballot if the employee does not have 2 hours of continuous off-duty during the time that the polls are open. MD. Election Law Code § 10-315.
- New York: New York employers must permit a registered voter who does not have 4 consecutive non-working hours to vote while the polls are open to take off so much working time as will enable the person to vote at any election without loss of pay for up to 2 hours. New York Election Law § 3-110.
To ensure compliance and support employee participation in the election, employers should review their policies and posting requirements. Do not forget to consider the location of remote employees. Employers with questions should reach out to a Whiteford Labor and Employment attorney for guidance.
The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.