As midterm elections approach, employers face a patchwork of voting leave laws that vary significantly in their requirements and penalties. Noncompliance can result in civil liability, criminal penalties, or both. The severity of these penalties makes it essential for employers to review their policies in advance of Election Day.
More than half of the states have adopted some statutory voting leave requirement that sets the baseline for employer policies. Even in states that do not mandate voting leave, encouraging employees to exercise their civic rights promotes engagement and goodwill. But in many states, the obligation goes beyond best practice. Legislatures have enacted specific requirements governing notice, duration, pay, and scheduling of voting leave.
The survey below addresses each state in the Adams & Reese footprint and organizes the applicable requirements around four key questions employers should be prepared to answer:
Employers operating in multiple jurisdictions, or those with remote employees in other jurisdictions, should pay particular attention to the variations among these requirements, as a one-size-fits-all policy may not satisfy each state’s law.
State-by-State Survey
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