Election day is around the corner, and many of your employees will be eager to fulfill their civic duty to vote on November 5, 2024. As an employer, you may be wondering how best to navigate this issue and ensure that your business not only functions smoothly on election day but allows proper time for your employees to hit the polls.

What Are My Legal Obligations?

Federal law does not require employers to give employees time off to vote. Some states and even local laws do mandate voting leave time, however, especially when an employee’s work hours do not allow sufficient time to vote during poll hours.

Several states, including New York, California, and Texas, have voting leave laws that require paid time off to vote under certain circumstances. Make sure you are familiar with your state’s laws. OneDigital has compiled state voting laws here.

How Do I Provide Time off to Vote (even if I’m Not Legally Required)?

If your state does not require time off for voting, then you have discretion on handling time off on election day. One of the best ways to do this is to develop a clear voting leave policy. Download NFIB’s Model Employee Handbook for help drafting your voting policy. The policy can:

• Required that employees notify their managers, within a set time frame, before taking a certain amount of leave to vote;
• Clarify whether the time off will be paid or unpaid;
• Stipulate that the employee offer proof of voting; and
• Set time limits as well as exceptions for long voting lines.

 
Providing these guidelines promotes transparency and makes your employees more comfortable requesting this time off.

Another way to navigate election day is simply by being flexible. Let your employees know that they can take extra time off to vote without penalty. You can allow flexible hours on election day so your employees can accommodate voting before, after, or during their shift. You can also simply offer an extended lunch break.

What if I Simply Cannot Provide Time Off?

With many employers still undergoing labor shortages, it is understandable that you may need all hands-on deck as much as possible. Even if you cannot provide formal time off, encourage your employees to engage in early and absentee voting.

Overall, allowing time for your employees to vote can boost morale amongst your team and shows your commitment to them as citizens. If possible, it is encouraged to at the very least have open and honest discussions with your employees about your voting day policies, and provide the time needed to vote if possible.

If you have any additional questions on voting leave policies, you can contact info@nfib.org