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If you have not heard, there is a federal election in a month.  Each state determines whether employees are entitled to time off during working hours to vote.  The following are a few of the states that have laws on this issue that may be relevant to your business.

 

MN

IL

WI

SD

TX

MA

Req. employees to time off work?

Yes

Yes, only if polls are not open for at least 2 hours before or after the employee works

Yes

Yes, but only if the polls are not open for at least 2 hours before or after the employee’s hours of work

Yes, but only if the polls are not open for at least 2 hours outside the employee’s hours of work

Yes, but only for employees in manufacturing, mechanical or retail

How much time?

As much as is necessary to vote

Up to 2 hours

Up to 3 hours

Up to 2 hours

Up to 2 hours potentially

First 2 hours after polls open

Time off paid?

Yes

Yes

No

Yes

Yes, but only if employee unable to vote outside work day because there are less than two hours to do so

No

Req. advance notice?

You can ask, but can’t require it as a condition for time off to vote

Yes

Yes

You can ask, but you cannot require it as a condition for time off to vote

No

Yes

Employer decides when employee takes time off to vote?

No

Yes

Yes

Yes

In part

No

Thompson Coe and myHRgenius Tip of the Week is not intended as a solicitation, does not constitute legal advice, and does not establish an attorney-client relationship.

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Kevin M. Mosher

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