With the upcoming election for President, Congressional seats, and many other state and local offices, employers should be aware of their legal responsibility regarding allowing employees to vote.  While there are no federal laws mandating voting leave, 31 states and the District of Columbia do have specific regulations that employers must follow to ensure employees have sufficient time to vote.

As with many state level issues, the actual rules vary by state.  Key considerations include:

• Is there a requirement for employers to display a workplace poster affirming that employees can leave work in order to vote?
• Do employees have to request time off or provide advance notice of their intent to leave work for the polling stations?
• What is the “reasonable amount of time” employers must provide for employees to vote?
• Is time off from work to vote considered paid or unpaid?
• If employees have a reasonable amount of time to vote during non-work hours (before or after work), is the employer still obligated to provide time off during the work day?

Given the complexities of these state-specific laws, employers are encouraged to consult with their employment law attorney to ensure they’re compliant.  Additionally, some employers, driven by civic-mindedness, may offer more lenient leave policies to their employees wanting to vote.

No matter who gets elected in November, make sure your business isn’t on the losing side of your state law requirements.