When it comes to voting, leave for employees can sometimes be a grey area. Although few employers go as far as to give their employees the entire day off with pay on Election Day, many will allow them to take some time off from work to vote, in keeping with voting leave laws that have been enacted in the majority of states. While no federal law gives private-sector employees the right to take time off work to vote, a majority of U.S. jurisdictions mandate such leave for nonexempt employees, particularly when they lack sufficient time to vote before or after work. 

While 34 states have official provisions regarding voting time for employees, the requirements vary. Many states will assess penalties for failing to follow the guidelines, as well as nondiscrimination requirements that have to be upheld on Election Day.  

This payroll white paper provides a brief state-by-state listing of the key provisions employers need to know and apply as policy and practice: leave amount, pay and benefits, and notification requirements.