As Election Day approaches, it’s important for employers to understand their obligations regarding employees’ rights to time off for voting.
In Minnesota, eligible employees have the right to take time off work to vote. The laws grant employees the right to time off from work on Election Day in order to go to their polling place, cast their ballot, and return. If the time needed to vote falls within an employee’s scheduled work hours, employers are required to pay for this time. The Minnesota Secretary of State’s Office takes the position employers cannot mandate that employees use personal or vacation leave for voting.
What can employers ask of their employees? While employers can request advance notice of when employees will be absent to vote, they should also encourage employees to coordinate their absences to reduce disruptions in the workplace. So long as employers do not interfere with employees’ right to vote, it can also talk with employees about voting during their non-working time if the polls are then open.
To summarize, employers must allow employees the necessary time off to vote and compensate them if it occurs during scheduled work hours. A violation of this law is a misdemeanor.
For those in states other than Minnesota, similar laws exist. For instance:
- Iowa: Employees may take up to two consecutive hours of paid leave if they lack two consecutive hours outside of their scheduled work hours during polling times. Written requests for this leave must be made before Election Day.
- North Dakota: Employers are encouraged, but not required, to give employees time off to vote if their hours conflict with polling times. There is no requirement to pay for this time.
- South Dakota: Employees can take up to two consecutive hours of paid leave if they don’t have two consecutive hours outside of work hours during polling times. The law does not specify whether employees must provide notice to receive this paid time off.
Bottom Line
It’s crucial for employers to prepare for and comply with these laws on Election Day, ensuring employees can exercise their voting rights while minimizing workplace disruptions. Employers with questions should consult their trusted Felhaber attorneys for guidance.