State-by-state list of employee Election Day rights
October 23, 2009 by Jim GiulianoPosted in: Employment law, In this week's e-newsletter, Latest News & Views
New York
- Entitlement: Eligible voter allowed up to 2 hours to vote in any election, unless “sufficient time” exists during nonworking hours; 4 consecutive nonworking hours while polls are open is “sufficient.”
- Employee requirement: Employee must make an application to vote 2 to 10 work days before election day.
- Paid time off? Yes, limited to 2 hours.
North Dakota
- Entitlement: Employers are “encouraged” to provide time off to vote when employee’s regular work schedule conflicts with times that polls are open.
- Employee requirement: No express provisions.
- Paid time off? No express provision.
Ohio
- Entitlement: Eligible voter is entitled to reasonable time to vote (amount not specified).
- Employee requirement: No express provisions.
- Paid time off? Only salaried employees must be paid.
Oklahoma
- Entitlement: Eligible voter is allowed up to 2 hours to vote, except where employee has 3 hours before or after work. Employers located too far from the polls for employees to vote within 2 hours must grant sufficient time for employees to travel to and from the polls and to vote.
- Employee requirement: Employee must make an application to vote before voting day.
- Paid time off? Yes, if vote is cast.
Puerto Rico
- Entitlement: Election day is a legal holiday. Employees must be allowed to vote between 8:00 a.m. and 3:00 p.m.
- Employee requirement: No express provisions.
- Paid time off? No
South Dakota
- Entitlement: Eligible voter is allowed 2 hours to vote, unless polls are open during 2 consecutive nonworking hours.
- Employee requirement: No express provisions.
- Paid time off? Yes
Tennessee
- Entitlement: Eligible voter must be allowed reasonable time to vote, up to 3 hours, unless polls in the county where the employee is a resident are open 3 hours before or after work.
- Employee requirement: Employee must make an application to vote prior to noon the day before the election.
- Paid time off? Yes
Texas
- Entitlement: Amount not specified. Eligible voter is not entitled to any time off if the polls are open during 2 consecutive nonworking hours.
- Employee requirement: No express provisions.
- Paid time off? Yes
Utah
- Entitlement: Eligible voter is allowed 2 hours to vote, unless polls are open during 3 or more nonworking hours.
- Employee requirement: Employee must make an application to vote before voting day.
- Paid time off? Yes
Washington
- Entitlement: If an employee has insufficient time to secure an absentee ballot because the employer did not inform him or her about the work schedule for a primary or election day, the employer must allow the employee sufficient time off to vote. An employer must grant the employee up to 2 hours of leave time, unless the employee has 2 hours of nonworking time to vote. Meals and rest periods cannot be counted as non-work time for voting purposes.
- Employee requirement: No express provisions.
- Paid time off? Yes
West Virginia
- Entitlement: Eligible voter is allowed up to 3 hours while polls are open, if necessary.
- Employee requirement: Employee must make a written application at least 3 days prior to election day.
- Paid time off? Yes, unless employee has 3 hours of nonworking time available to vote and fails to vote during such time.
Wisconsin
- Entitlement: Eligible voter is allowed up to 3 consecutive hours to vote while polls are open.
- Employee requirement: Employee must make an application to vote before election day.
- Paid time off? No
Wyoming
- Entitlement: Eligible voter is allowed 1 hour, unless polls are open during 3 or more consecutive nonworking hours.
- Employee requirement: No express provisions.
- Paid time off? Yes, if vote is cast.
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October 26th, 2009 at 10:09 am
You forgot New Hampshire!
October 26th, 2009 at 10:45 am
You also forgot Vermont and Virginia.
October 26th, 2009 at 11:50 am
Pennsylvania is missing too if you could include it (update). Thanks!
October 27th, 2009 at 8:31 am
I believe they only published the states that have provisions on the books for employee rights on voting day.
October 30th, 2009 at 3:09 pm
Michigan is not listed?
November 2nd, 2009 at 1:09 pm
Washington, DC was not included.