Richard I. Greenberg, Daniel J. Jacobs, Matthew F. Nieman, Teresa Burke Wright & Jennifer Ellerkamp

As election day 2024 approaches, it is crucial that employers are aware of and comply with state law requirements on employee rights to voting leave. While not all states impose obligations on employers, many states do require employers to provide time off for voting, along with other requirements, and non-compliance can result in criminal or civil penalties. Employers are encouraged to review their voting leave practices and policies annually as there are constant developments in this area. One example is the District of Columbia’s newly revised law described below.

Understanding State-Specific Obligations

Employer obligations vary significantly by state. Some states mandate paid time off for voting, including early voting or absentee ballot submission. Others allow this time to be unpaid. The specifics can differ widely, including:

• Amount of Time: The required amount of time off can vary. Some states specify a set number of hours, while others require “sufficient” time to vote.
• Work Hours Consideration: In some states, if employees have sufficient time to vote outside of work hours, employers may not be obligated to provide additional time off.
• Scheduling: Employers may have the right to dictate when the time off is taken, such as at the beginning or end of the workday.
• Notice and Posting Requirements: Certain jurisdictions require employers to post...

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