Are We Required To Give Our Employees Time Off To Vote?

In case you have managed to miss the countless billboards, mailings, or billions of dollars worth of television advertisements in recent weeks, allow us to pass along some relevant information: a presidential election will be held on Tuesday, November 3rd. There has been great interest in the outcome of the election, as demonstrated by the sizable increase in early voting. At the time of this writing, more than 79 million voters nationwide have cast their ballots in advance of Election Day, including more than 2 million Pennsylvanians. With a record-high 9 million Pennsylvanians registered to vote — and roughly one-third of them having requested mail-in or absentee ballots — turnout is expected to be high on Election Day as well.

Pennsylvania employers are no doubt aware of requirements under applicable local, state, and federal laws to give employees time off for various reasons, such as medical conditions, military service, or jury duty. But are employers required under Pennsylvania and/or federal law to give employees time off to vote? The answer is “no.” Pennsylvania is one of twenty (20) states — including neighboring New Jersey and Delaware — without a law providing employees with protected time off for voting purposes. So, unless a Pennsylvania employer chooses to give its employees time off to vote through a company policy, employees who have yet to vote will have to earn their coveted “I Voted” stickers on their own time between 7:00 a.m. and 8:00 p.m. on Election Day.

For questions about this or any other labor and employment topic, please do not hesitate to contact the attorneys at Hoffman & Hlavac. To stay updated on the key labor and employment law developments that affect your workplace, be sure to subscribe to our blog and follow us on social media.