2022 Voting Leave Notices Are Essential for Upholding Employee Rights
It’s now the time of year when we get calls from clients asking about a variety of election day issues. When those questions arise, we let our clients know that most states require that employers provide at least a few hours off to vote, and many of those same states require at least some of that time off to be paid. The advance notice that may be required from employees is often minimal, so employers should be prepared to grant last-minute requests to leave work to vote. We encourage our clients to check state laws where their employees are located and make sure they afford all the rights to which their employees are entitled.
Several jurisdictions also require that a notice about employees’ voting rights be posted in a conspicuous location in the workplace. Employees who work from home or don’t report to the workplace regularly should be provided with these notices electronically. The three most specific jurisdictions are California, New York, and the District of Columbia. Here are a few notes that summarize those three specifically, as well as how to get the required posters!
California
California requires a voting leave notice to be posted at least 10 days before the November 8 election—which is October 29, a Saturday, this year. If you’re closed on Saturdays, we recommend posting or sending this notice by Friday the 28th. California’s notice can be found in English and in other languages.
The District of Columbia
DC requires that employers post a voting leave notice created by the DC Board of Elections (DCBOE). The law doesn’t set a deadline, so we recommend posting it immediately if you haven’t yet. This election’s notice can be found in English and in other languages under the Time Off to Vote link on the DCBOE’s webpage.
New York
New York requires the voting leave notice to be posted at least 10 working days before the November 8 election (this would be October 25 in a Monday-through-Friday workplace).
One last thought, employers in states with early voting may want to encourage employees to take advantage of that option—by offering the same time-off benefit—to reduce the number of absences on Election Day. The availability of early voting and absentee ballots, however, doesn’t change an employee’s right to vote on Election Day if that’s their preference.
Of course, we want to encourage everyone to make their voice heard, read the positions of the candidates, and make the choices that make sense to you. They may not be the same choices your employer would make, but we encourage you to get out and vote!
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