Employer Voting Leave Obligations

Q: What should my company know about employers' voting leave obligations?

A: With Election Day only a few weeks away, now is a great time for a refresher on employers' voting leave obligations. Federal law does not require giving employees time off to vote, but most states (30 at last count) provide employees with the right to take time off from work to vote.

Paid or Unpaid?

State voting leave laws vary on whether granting time off to nonexempt employees to vote must be paid. In most states with voting leave laws, the law requires paid leave; but a handful, including Georgia, Alabama, and Wisconsin, provide for unpaid leave. For exempt employees, the answer is clear: Exempt employees who take a partial day off to vote during normal working hours may not have their pay reduced since doing so would jeopardize their exempt status under the Fair Labor Standards Act.