Voting Leave Laws for Employees: 50-State Survey under Employment Law
🗳️ States with Voting Leave Laws
Several states have enacted laws that entitle employees to time off to vote, typically with specific conditions:
Minnesota: Under Minnesota Statutes §204C.04, employees are entitled to the time necessary to vote without penalty or deduction from salary. Employers cannot refuse, limit, or interfere with this right.
Tennessee: T.C.A. §2-1-106 allows employees to take up to three hours off to vote during polling hours, provided they request the time off before noon the day prior to the election. Employers may specify the hours during which the employee may be absent.
Ohio: Ohio Revised Code §3599.06 prohibits employers from discharging or threatening to discharge an employee for taking a reasonable amount of time to vote on election day.
🚫 States Without Voting Leave Laws
Some states do not have specific voting leave laws but may have other regulations affecting employees' rights related to voting:
Delaware: While Delaware lacks a voting leave law, it prohibits employers from hindering, controlling, coercing, or intimidating a voter regarding their right to vote, including threatening to deprive them of employment. Violations carry a $500 penalty.
Florida: Florida does not have a voting leave law but prohibits employers from firing or threatening to fire an employee for voting or not voting in an election. Violations are classified as a third-degree felony.
⚖️ Case Law and Legal Precedents
While specific case law on voting leave is limited, certain legal principles have been established:
Estate of Thornton v. Caldor, Inc. (1985): The U.S. Supreme Court held that a state statute providing employees with an absolute right not to work on their chosen Sabbath violated the Establishment Clause of the First Amendment.
Allen v. State Board of Elections (1969): The Supreme Court ruled that Section 5 of the Voting Rights Act of 1965 authorizes a private right of action based on the remedial aims of the law, applicable to all changes that alter the election laws of a covered state.
📌 Key Takeaways
State Variability: Voting leave laws are not uniform across the United States; some states mandate paid or unpaid leave, while others have no such provisions.
Employer Obligations: In states with voting leave laws, employers are generally required to provide employees with time off to vote without penalty.
Employee Rights: Employees should be aware of their rights under state law and may seek legal recourse if their rights are violated.
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