Employees & Election Day: What Employers Need to Know about Workers’ Voting Rights

Employment trends expert explains voting rights and workplace regulations 

Presidential Election 2020As Election Day approaches, millions of Americans have already voted via absentee ballot or early in-person voting. Yet due to unprecedented long lines and concerns around the coronavirus, many people still haven’t managed to cast their ballot. Here is what employers need to know about employees’ rights around Election Day, for those who still need to make their voice heard.

“Some states require that employers give employees time off to vote, provided that the employees’ working hours will prevent them from making it to the polls either before or after their shift,” says Rob Wilson, President of Employco USA. “For example, Illinois requires employers to provide up to 2 hours of paid time off for employees casting a ballot. Other states such as Wisconsin and Arkansas will provide employees time off to vote, but it is unpaid.”

Wilson says employers should become familiar with state laws regarding election rights in their area, as these laws take precedence even during national elections.

“It may be helpful to hang up these state voting guidelines in your company breakroom or other common areas,” says Wilson. “For those who have a large work-at-home staff, it will be helpful to send out a company-wide email to remind employees of their rights regarding voting and your expectations. For example, some companies will ask for proof that an employee voted, if they are applying for paid time off for this purpose. Of course, you can not and should not ask WHO your employee voted for, but you can ask for proof such as a voting stub or a voting sticker.”

Wilson says that it’s crucial to adhere to voting guidelines, because companies who violate an employee’s right-to-vote may face fines or other punishments. However, employers can still help employees to pick times to vote that will be least disruptive for the workplace.

“And just because your employee potentially has the right to vote during work hours, they still need to ensure that their supervisor knows they will be absent during that time so their shift can be covered.”

For more on this topic, please contact Rob Wilson at rwilson@thewilsoncompanies.com.