It’s Election Time – What are your obligations to your employees?

As we approach election season, it’s crucial for both employers and employees to understand the laws surrounding voting leave. In many states, these laws are in place to ensure that employees can participate in the electoral process without the added stress of work obligations. Here’s a summary of how voting leave works in each of the following states:

Maryland

In Maryland, employers are required to provide up to two hours of paid leave for employees who do not have sufficient time to vote outside of working hours. Employees must request this leave at least two working days before the election. Employers can specify when this leave can be taken, but it must be during the hours that allow employees to vote.

Washington D.C.

Washington D.C. law mandates that employees are entitled to a maximum of two hours of paid leave to vote. Similar to Maryland, this leave is available to those who do not have four consecutive hours between the opening of the polls and the start of their work shift, or between the end of their work shift and the closing of the polls. Employers must post the D.C. Time Off to Vote notice at least 60 days prior to the election date. Employees must inform their employers at least two days in advance of their need for time off.

Virginia

In Virginia, employers are not required to give any time off for employees to vote on election day. However, employees that are members of a local electoral board, an assistant general registrar, or an election officer, must be given unpaid time off for related activities (i.e. working at a polling place or attending a meeting of the electoral board) as long as the employee provides reasonable notice of the needed absence. The time off is unpaid and an employer cannot require such an employee to use sick or vacation leave. If the employee provided qualified services for four hours or more (including travel time) on any day, the employer may not require the employee to start any work shift that begins on or after 5:00 p.m. on that day of service or begins before 3:00 a.m. on the day following the day of service.

North Carolina

North Carolina does not have any voting leave law that applies to the private sector.

Conclusion

Ensuring that employees have the opportunity to vote and participate in the electoral process is not only a legal obligation for employers in the DMV but also a vital aspect of supporting civic engagement. Employers should familiarize themselves with these laws and communicate them clearly to their employees. This not only fosters a positive workplace culture but also contributes to the democratic process. As election day approaches, let’s make sure every voice is heard!

Any questions about this article or other matters facing your business? give us a call.

Natasha M. Nazareth, Esq.
Ginny Cascio Bonifacino, Esq.

Partners

240-202-4302
Natasha@dmvbusinesslawyers.com
Ginny@dmvbusinesslawyers.com