Election Day is Coming Soon - Do You Know Your Employees' Voting Leave Rights? - October 2016

more+
less-

Miller & Martin PLLC

Realizing we ALL could use some "time off" FROM this year's presidential election, we want to provide you with a quick (party-neutral!) refresher on your employees' voting leave rights in light of the upcoming national Election Day on November 8. Voting leave requirements vary by state, but to give you a start, here is a summary of them for Alabama, Georgia and Tennessee.

Alabama – Employees are given necessary time off to vote, not to exceed one hour. The employee must give "reasonable notice" of the need to be off work to vote in order to receive time off for this purpose. However, if the polls open at least two hours before the employee starts work or close at least one hour after the employee ends work, the employer does not have to provide the employee with any time off to vote. The statute does not specify whether or not this time off is paid, so this is up to the employer. (Ala. Code Section 17-1-5) (Note that time off to vote would be paid for exempt employees under federal wage and hour law.)

Georgia – If polls are not open at least two consecutive hours either before or after the employee is to be at work, the employee is allowed up to two hours of leave to vote. The employee must give "reasonable notice" of his/her her need for leave for this purpose. The employer also may specify when the employee may leave work to vote. The statute does not specify whether or not this time off is paid, so this is up to the employer. (GA Code Ann. Section 21-2-404) (Note that time off to vote would be paid for exempt employees under federal wage and hour law.)

Tennessee – An employee is given a reasonable period of time off to vote, not to exceed three hours, unless the polls open at least three hours before the employee is supposed to be at work or close at least three hours after the employee gets off work. The employee must give notice of the need for time off to vote at least before 12:00 p.m. on the day prior to the election. The employer also may specify when the employee may leave work to vote. This time off is paid for all employees. (Tenn. Code Ann. Section 2-1-106)


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Miller & Martin PLLC | Attorney Advertising

Written by:

more+
less-

Miller & Martin PLLC on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×