While there is no federal law requiring employers to grant employees leave on Election Day, several states offer voting leave, says employment law attorney Jill Vorobiev of the firm Reed Smith.

Employers should read up on their state laws because each one is different. Some states grant only one hour of leave; others allow several. Some laws also specifically dictate what time of day employees are allowed to vote, so as not to disrupt business operations. It’s also a good idea to provide your employees with voting information, such as how to vote by mail, which will help alleviate staffing issues (not to mention keep employees safe from coronavirus risks).

However, employers must remember never to say anything that sounds like they’re discouraging or penalizing employees from voting in person during the workday.

In Massachusetts, time must be given within the first two hours polls are open for employees to vote, and usually one to two hours of time off is sufficient, says Advocates Director of Benefits Laura Miller. Another state law, the Small Necessities Leave Act, may be used for this as well. Advance notice by the employees should be given of their need for the time off.

It depends on which state you live in, says Vacation International HR Manager Kristen Pederson. Generally, if your employee does not have sufficient time off during the work day to vote on Election Day, some states will mandate that you allow the employee two to three hours of paid time off to vote. With absentee ballots, it makes it easier for people to vote, thereby solving the problem.

The process of voting is relative to the area, district staffing, time of day – so many things, explains HR Generalist Angela Fiedler. I don’t believe we set a hardline, but more a suggestion. For us, flexibility is key. The employee would need to inform their leader of the situation just like any other time off, such as: “I’m going to go vote tomorrow morning before work. I’ll be in as soon as I am done.”