With Election Day around the corner on Nov. 8, employers may be wondering if their employees are entitled to leave to vote and, if they are, whether it needs to be paid. Here is a breakdown of what is required in the DMV:
Maryland
Employers must provide employees who are registered voters two hours of paid leave if employees do not otherwise have two hours of continuous off-duty time to vote during the period that polls are open. An employee should provide their employer with proof that they voted and employers are permitted to specify the time during the day that voting leave may be taken.
D.C.
D.C. employees are allotted two hours of paid leave to vote. Employees should request the leave at a reasonable time (although not specified by law) prior to the time the employee wishes to vote. Employers may specify the hours that employees may take paid leave to vote, including requiring employees to vote during the early voting period instead of on Election Day or vote at the beginning or end of a shift. Employers must also post this poster at all sites where employees report to work and on the employers’ website.
Virginia
Employers are not required to provide leave. Virginia law provides protection only for those who are serving as election officers. Employers may not discharge, take adverse employment action or require use of sick leave or vacation time if employees are absent from work to serve as a member of a local election board, a deputy general registrar or an officer of election, provided reasonable notice is given. Employers must not require employees who have served for four or more hours to start work on or after 5 p.m. on the day of service or before 3 a.m. on the day following service. The law does not require an employer to provide additional paid leave but, as noted, it prohibits an employer from requiring an employee to use any banked paid leave. So if an employee does not choose to use their paid time off, the leave can be unpaid.
Laws related to employees’ political opinions
Employers in all jurisdictions might want to brush up on laws related to an employee’s political opinion. In D.C. and three counties in Maryland (Harford, Howard and Prince George’s), political affiliation or opinion is treated as a protected trait. Therefore, employers should ensure that employees are not treated differently on the basis of their political views, and complaints from employees about treatment on this basis should be investigated.
Opinions and conclusions in this post are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. The author has provided the links referenced above for information purposes only and by doing so, does not adopt or incorporate the contents. Any federal tax advice provided in this communication is not intended or written by the author to be used, and cannot be used by the recipient, for the purpose of avoiding penalties which may be imposed on the recipient by the IRS. Please contact the author if you would like to receive written advice in a format which complies with IRS rules and may be relied upon to avoid penalties.
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