As the election gets closer, employers that cross jurisdictions must be aware of the various voting leave laws that affect the state(s) where their employees are working. The purpose of this blog is to provide an overview of the voting laws in the U.S. Employers should consult with counsel to obtain details in the jurisdictions where their employees are located.
Some States Have No Laws Relating to Voting
There are a handful of states that do not have state voting leave laws. These states are:
- New Hampshire
- New Jersey
- North Carolina
- Rhode Island
- South Carolina
NOTE: This does not look into the local leave laws of certain counties or cities. Even more, just because there is no leave laws, does prohibit employers from providing such leave to employees.
Some States Required Paid Voting Leave
There are a handful of states that require certain employers to provide paid leave for voting. They include:
- Illinois (*only for general or special elections)
- New York
- South Dakota
- West Virginia
Now each state has its own intricacies regarding notice and payment. However, it is important that employers look into each states’ voting laws to ensure that their employees are getting compensated. It should also be noted that some states have limits as to how much time can be spent/paid for voting. For instance, Arizona allows a maximum of 3 hours of voting leave, while Alaska has unlimited voting leave. New York on the other hand allows up to 2 hours of leave. New York employers can even specify when employees can take the time (ie- at the end of a shift, or the beginning of a shift).
As the election draws near, it is important for employers to make sure that they are complying with the voting leave laws of their employees’ place of residence.
ABOUT SUSIE CIRILLI
Susie M. Cirilli is a Labor & Employment attorney that assists clients with issues involving the ADA, FMLA, and Title VII claims. Susie litigates on matters related to hostile work environment, discrimination based on sex, sexual orientation, pregnancy, race and disability. Susie has experience representing employers in fact-finding conferences and mediations before the PHRC and the EEOC. Susie’s practice also consists of counseling and advising clients on employment matters. She often advises employers on day to day employment matters and assists her clients on employee issues such as hiring and terminations, which includes drafting and negotiating separation agreements. Susie has experience drafting and revising employment agreements, employee handbooks, non-compete and non-solicitation agreements. Susie is admitted in the Middle District and Eastern District of Pennsylvania. She is also admitted in the Federal Court for the District of New Jersey.
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