Elect to Be Prepared This Election Season!

Election time is nearly upon us, so it is important for employers to prepare to face employee leave requests for voting. In terms of what is legally required, voting leave laws vary by state, and potentially by local ordinance as well, and they vary widely. Some states require paid leave, while others require unpaid leave, and still others have no voting leave laws at all. So, what can you do to prepare?

First, know the applicable laws. You will see a quick reference list below, but keep in mind that local municipalities may have their own laws, even if the state does not. FLSA guidelines still apply, so an exempt/salaried person will still be required to be paid for a full day if they take time off to vote. Also, while your office may be in one state, be mindful of where your employee’s office is when identifying the applicable state law.

Second, communicate with your employees now and encourage them to make their requests in advance. Most states allow for advance notice requirements so that the employer can stagger schedules and prepare for having less staff than normal. In your communication, stipulate that leave will be accommodated but specific times may only be available based on a first-come, first-served basis to allow for proper staffing levels.

Finally, do some quick research. You will want to know what the hours are for your applicable polling locations and what shifts your employees are scheduled. This will let you determine how many employees’ work schedules will need to be modified to allow time for voting. Alabama, for example, allows for 1 hour of unpaid leave but only if the polling location is not open at least 2 hours prior to the employee’s start time or 1 hour after the employee’s shift ends. While local municipalities may have earlier opening times or later closing times, Alabama’s official open polling times are from 7:00 am to 7:00 pm. Therefore, any of your employees who are registered to vote in Alabama and are scheduled to either start at 9:00 am or later or are scheduled to end their shift by 6:00 pm are not eligible for required unpaid voting leave. Remember that each state has their own specifications on who qualifies for the leave or how much leave is allowed. Keep in mind that with COVID-19 precautions, additional time may be required for voting. Try to be as flexible as possible, even it means allowing employees to make up lost time on another work day.

If in doubt about how to apply state law specifics or establish a fair policy that meets your organization’s structure, never hesitate to ask for help; that’s why Rocket City HR Consulting is here. Each vote matters, and there is no reason that your business should be disrupted in the process.