State Voting Leave Chart: Understand the Laws and Ensure Compliance

As a business owner or HR professional, providing paid voting leave for your employees is more than just a benefit—it’s a legal requirement in many states. With 29 states mandating paid voting leave, including a clear voting leave policy in your employee handbook is crucial to ensure compliance and avoid potential penalties.

While paid voting leave is not mandated in Michigan, employers with remote workers in other states need to be aware of and comply with the voting leave laws in those states. View the voting leave laws for all states here: state-specific regulations.

A voting leave policy shows your company’s commitment to civic responsibility while protecting your business from legal exposure. Voting laws vary from state to state, but if you operate in one of the 29 states that require paid voting leave or have employees who work in one or more of these states, failing to provide it can lead to fines, lawsuits, or even civil penalties. By outlining the policy in your employee handbook, you provide clarity for both employees and management, ensuring that everyone understands the rules surrounding time off for voting.

For example, states like New York, Illinois, and California require employers to offer paid time off to vote, with specific stipulations on how much notice employees must provide and how much time they are entitled to. If your handbook does not specify this leave, employees may not know they are entitled to it, leading to confusion or even disputes on Election Day.

Implementing a Voting Leave Policy

To create a compliant voting leave policy, consult state-specific regulations for each location where your employees work. Common elements to include in your policy are:

• Eligibility: Define who is eligible for voting leave based on state laws.
• Notification Requirements: Clearly state how much advance notice employees must provide before Election Day.
• Duration of Leave: Specify how much time off employees are entitled to and whether it is paid or unpaid.
• Proof of Voting: Mention if any proof of voting is required upon return.

Yeo & Yeo Can Help

Navigating the complexities of voting leave requirements—and other employment laws—can be challenging. Yeo & Yeo’s HR Advisory Solutions Group can work with your team to create or refine policies that ensure compliance across all the states where you operate. We also offer policy audits to identify any gaps or inconsistencies in your employee handbook. Additionally, our team can monitor changes in state laws so your policies remain current, safeguarding your business from legal risks. Let us help you build a legally sound and employee-friendly workplace.

The State Voting Leave Chart was provided by Mineral, Inc.