As employers and employees continue to face challenges due to COVID-19, employers should be reminded of the various state voting leave laws in light of the upcoming election. It should be noted that voting laws vary by state and not all states impose requirements on employers. The states that have voting leave mandates generally require time off for voting to be paid and some also have notice requirements. Given the unique circumstances and concerns about voting during the ongoing pandemic, employers with existing voting leave policies (or those without policies) may want to incorporate guidelines that address expanded early voting opportunities, expanded policies for poll workers, and considerations about how their existing policies apply to teleworking arrangements.

This information below provides information about California and New York state voting leave requirements and also provides a brief overview of some other notable state requirements.

California

What is the Paid Voting Leave Requirement?

Under California Election Code § 14000, employers must provide two hours of paid time for employees to vote if the employee does not have sufficient time outside of working hours to vote in a statewide election.

What is the Notice Posting Requirement?

Employers are required to post a notice of voting leave requirements at least 10 days before an election. Employers can satisfy this requirement by posting a copy of the “Time Off to Vote” notice. As a conservative approach, employers may also consider alternate methods of communication for those teleworking, such as providing notice via email or through a company webpage.

How does Voting Leave Interact with an Employer’s Existing Leave Policies?

Employers may not require employees to use their existing paid time off or other earned leave time to vote.

CA Employer Considerations: Despite recent executive orders by California Governor Gavin Newsom requiring each state county’s election officials to send vote-by-mail ballots to registered voters, and each state county to provide early polling locations at least three days prior to election day, employers must still provide leave as needed by employees pursuant to the California law.

New York

What is the Paid Voting Leave Requirement?

Employers must provide up to two hours of paid time for employees to vote in any public election.

What is the Notice Posting Requirement?

Employers must conspicuously post a notice for employees about the law not less than 10 working days before every election. The notice must be kept posted until the close of the polls on election day. It is not clear whether employers can provide this notice electronically in light of COVID-19 related teleworking arrangements, as the recently released FAQs do not address this issue. However, as a conservative approach, employers should consider providing this notice to their remote employees via email or through their company webpage in addition to the physical posting at the worksite.

How does Voting Leave Interact with an Employer’s Existing Leave Policies?

Employers may not require employees to use their existing paid time off or other earned leave time to vote.

New York Employer Considerations: Employers should review existing policies and practices to ensure compliance with New York voting leave requirements and consider providing the required notice to its remote workforce.

Multi-state Overview:

The chart below is a non-exhaustive list of additional states and localities with voting leave requirements. Employers are encouraged to consult the applicable laws in every state and locality where employees work to ensure compliance.

State Amount of Leave Paid? Advance Notice by Employee Required? Employer Notice & Posting Requirements 
CaliforniaUp to 2 hours YesYes. At least 2 working days’ notice prior to time off for votingPost a notice of voting leave requirements at least 10 days before an election. Employers can satisfy this requirement by posting a copy of the “Time Off to Vote” notice.
Employers may consider alternate methods of communication for telework, such as via email or through a company webpage.
New YorkUp to 2 hoursYesYes. At least 2 working days’ prior but no more than 10 days before Election Day.Post a notice of voting leave requirements at least 10 days before an election. Employers can satisfy this requirement by posting a copy of the model notice.
ColoradoUp to 2 hoursYesYes, as long as made in advance. Timing of notice not specified.None
IllinoisUp to 2 hoursYesYes. At least one day’s notice.None
TexasNot specified, but limited to election day only.YesNot specified.None
MassachusettsUp to 2 hours. Leave is limited to certain industries.NoYes, as long as made in advance. Timing of notice not specified.None
Washington, D. C.At least 2 hoursYesYes, if required by employer.Employers must post and maintain in a conspicuous location a notice developed by the D.C. Board of Elections describing employee rights under the Act. This notice has not yet been made available.

For more information see our blog post.

Additional Resources

Disclaimer: This content is intended for informational purposes only and should not be construed as legal, medical or tax advice. It provides general information and is not intended to encompass all compliance and legal obligations that may be applicable. This information and any questions as to your specific circumstances should be reviewed with your respective legal counsel and/or tax advisor as we do not provide legal or tax advice. Please note that this information may be subject to change based on legislative changes. © 2020 Sequoia Benefits & Insurance Services, LLC. All Rights Reserved

Lizet Ramirez – Lizet is a Client Compliance Manager for Sequoia One, where she works with our clients to optimize and streamline benefits compliance. In her free time, Lizet enjoys live music, travel, hiking and spa days.