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Do You Need to Provide Employees Time Off to Vote?

Election Day is rapidly approaching and voter turnout is expected to be particularly high.  While many states have laws providing time off for employees to vote, Connecticut is not one of them.  How should employers handle requests for time off to vote?

Polls in Connecticut are open from 6 a.m. until 8 p.m.  A voter only needs to be in line by the time the polls close in order to be permitted to vote.  In most cases, the hours should be sufficient to allow employees to vote either before or after work.

However, in some cases an employee will not have sufficient time to vote before or after work.  Many states are addressing these issues by allowing “early voting,” where voters can vote on days other than Election Day, reducing wait times and allowing more flexibility if time off is needed.  Early voting is not an option in Connecticut.  One option available to Connecticut voters is to register for an absentee ballot.  The deadline to request an absentee ballot is November 7, 2016.  Absentee voting is permitted for a variety of reasons, such as illness, service in the military, etc.  A voter can receive an absentee ballot because of his or her absence from the town in which he or she is registered to vote for all hours of voting on Election Day.  Employees working in the same town in which they vote would not be eligible for an absentee ballot on this basis, even if they are working a shift that covers all hours.

Many employers choose to provide flexibility for employees who need to come in late, leave early, or take an extended lunch break in order to vote.  However, this is not a legal requirement.  Non-exempt employees who take time off can be required to use paid time off or to take the time unpaid.  However, in the case of an exempt employee, partial day deductions from pay are not allowed in this circumstance, but can require an exempt employee to use paid time off to cover the partial absence.

In deciding whether to allow time off to vote, employers should consider operational needs, employee morale issues, collective bargaining agreements (including past practices), and the anticipated time employees will need at the polls.  Employers should also remember that employees may spend a great deal of time talking about the election and that political speech in the workplace is generally protected in Connecticut.

Our team of labor and employment attorneys can assist you in all aspects of labor-management relations in the public and private sectors.