As Election Day nears, it is important for employers to be aware of their legal obligations as it relates to employee voting rights. Although some employees may choose to vote by mail during the COVID-19 pandemic, others will want to cast their ballots in person. Here are what employers need to know about voting-leave laws ahead of Election Day on Nov. 3.

Applicable voting laws vary by state. Some state laws require paid time off to vote, while other state laws do not mandate such time off be paid. Laws also vary as to the amount of time that must be provided and whether an employer can dictate which hours are taken off, such as at the start or end of the employee's workday. Further, some jurisdictions require postings to advise employees of their voting-leave rights. Additionally, some jurisdictions also require employers to provide time off to employees who serve as election officials or to serve in an elected office.

Employers should immediately review existing policies and practices to ensure compliance with applicable laws and be prepared to address employee requests for time off prior to Election Day on Nov. 3rd.

The following is a sampling of state law requirements regarding employee voting time off. Of course, in addition to state law, local laws should be reviewed for compliance with voting-leave rights.

Kansas
Kansas provides that employees have the right to be absent from work if they have fewer than two consecutive hours in which to vote between the opening of the polls and the beginning of their work shift or between the end of their regular work shift and the closing of the polls. An employee may be absent for a length of time at the beginning or end of his or her work shift that, when added to the time difference between work-shift hours and the opening or closing of the polls, totals two consecutive hours.

Notice: The employee does not have to apply for leave prior to Election Day.

Hours: The employer may specify the hours.

Payment: Leave is paid.

Missouri

Missouri provides that employees have the right to be absent from work if they have fewer than three consecutive hours in which to vote between the opening of the polls and the beginning of their work shift or between the end of their regular work shift and the closing of the polls. An employee may be absent for a length of time at the beginning or end of his or her work shift that, when added to the time difference between work-shift hours and the opening or closing of the polls, totals three consecutive hours.

Notice: The employee must apply for leave prior to Election Day.

Hours: The employer may specify the hours.

Payment: Leave is paid.

We have not incorporated every law relating to voting, nor have we included the various penalties employers face for violating those laws. The intent of the above is to alert employers regarding the following key issues so that they can comply with the law. Please contact HR Fuzion at 816.654.6800 with any questions or if you need a voting request form.