Many states provide employees with time off to vote and each has its own requirements. Read on to learn more about employee and employer rights and obligations in the DMV this election cycle. Voters may register to vote on Election Day in all three locations.
In Maryland, polls are open from 7am-8pm on Election Day. Maryland employees are eligible for 2 hours of paid leave to vote on Election Day if: (1) they claim to be registered voters or will register at the polls; (2) they do not have 2 consecutive off-duty hours to vote; and (3) they provide their employer with proof of voting or an attempt to vote, in the form of a receipt, Certificate of Participation or other state form from the polling place.
Maryland employers may specify the time of day for voting leave. Employers may not penalize, discriminate, or retaliate against employees who take paid voting leave.
In Virginia, polls are open from 6am-7pm on Election Day. Employees are not eligible for paid time off to vote, but employees who serve as election officers may take unpaid time off to perform those duties, provided they give their employers reasonable notice. Employees serving as election officers are protected from discharge or other adverse employment action for taking time off from work and may not be required to use sick or vacation time. Employees serving for 4 or more hours may not be required to start work after 5pm on that same day or before 3am the following morning.
In the District of Columbia, polls are open from 7am-8pm on Election Day. Employees are allowed up to 2 hours of paid leave to vote if they are eligible to vote and submit a leave request a reasonable time in advance. If there is no policy on advance notice for voting leave, employees cannot be required to provide more than 7 days’ notice.
DC Employers must post this Notice conspicuously at all worksites or provide it to employees. DC employers may specify the hours for voting leave, including requiring early voting or voting at the beginning or ending of a shift. Employers may not interfere with, restrain or deny any attempt to take paid leave to vote and may not retaliate against employees who take paid voting leave.
Federal Government employees may use up to 4 hours of paid administrative leave to vote, including for early voting, and for each election event at the Federal, State, local, Tribal and territorial level that does not coincide with a Federal general election day, including travel time. The agency may determine the time for leave to be taken.
Agency employees may also use up to 4 hours of administrative leave per leave year to serve as a non-partisan poll worker or to participate in non-partisan observer activities at the Federal, State, local, Tribal, and territorial level. If those duties require the employee to be absent for longer, the employee must use annual leave, earned comp time, or credit hours earned under a flexible work schedule. An employee may also request leave without pay according to agency internal policies and any applicable collective bargaining agreement.
Agencies should inform all employees of the availability of administrative leave for voting and non-partisan poll worker or non-partisan observer purposes.
Christine Zebrowski is a Partner in the firm’s Employment & Labor group, with 30 years of experience in private practice and as senior in-house counsel. She offers clients expert advice and counsel on a comprehensive array of employment matters. Her legal background includes U.S. and international employment law, litigation, dispute resolution, investigations, compliance, training, and data privacy.
