Employee Benefits Alert

Transcription

1 Legal & Research Group Benefits Alert Issue No. 24 October 2004 Benefits Brokerage & Consulting Services Rx Purchasing Coalition HR Consulting Data Analysis Benefits Administration Retirement Services Predictive Modeling Call Center Services Voluntary Benefits Consumer Driven Healthcare Legislative & Compliance International Benefits Are s Allowed Time Off to Vote? As the Presidential election draws near, employers will undoubtedly be receiving requests from workers for time off to vote. How should employers respond? Although some employers voluntarily extend time off for their workers to vote, this is an area where states have legislated requirements. Moreover, while no federal law requires employers to provide voting leave, many state laws require employers to give their employees a specific amount of time off to cast their ballots. Typically the requirements apply when employees lack sufficient time to vote before or after work. In some states, this time off must be paid; in others, the time off to vote may be unpaid. Almost every state, however, prohibits employers from disciplining or firing an employee who takes time off work to vote. Some state laws require that employees satisfy certain requirements prior to exercising their right to voting leave. For example, some state laws require employees to provide evidence that they cast a ballot. Other state laws require that employees request time off to vote in advance of Election Day. The following chart, updated for 2004, appears courtesy of CCH, Inc. The chart offers a detailed list of applicable state laws relating to time off to vote in elections with an eye towards chronicling the states with a voting time provision. Among other things, the list describes: employees; How much time off is allowed; Whether the employee must be compensated for this time off; If employees have to apply for the time off in advance; Whether the employer may specify designated for voting time off; and Applicable penalties. Not all states have enacted laws to promote voting. Should your state not be represented on this list the presumption should be that no state law exists to mandate time off for voting. In such cases the employer is free to make a business judgment about how they wish to handle time off requests for voting. Many employers have voluntarily permitted such time off. If your organization does allow time off for voting it is a good idea to clearly communicate the specific requirements in advance and extend that offer to everyone in the organization on a nondiscriminatory basis. Willis Benefits Alert is produced by Willis Legal & Research Group. The information contained in this publication is not intended to represent legal advice and has been prepared solely for educational purposes. You may wish to consult your attorney regarding issues raised in this publication. Willis publications appear on the internet at: Copyright 2004

2 Page 2 Are s Allowed Time Off to Vote? s Alaska Any voter Enough time to vote, unless 2 available before or after work Arizona Any voter Up to 3 unless polls open 3 before or after work Arkansas Any voter Work must be scheduled to allow employees opportunity to vote California Any voter If voter lacks sufficient time outside work to vote, voter may take off enough work time as needed so that such work leave, when added to available nonworking hour voting time, enables the voter to vote. Colorado Any voter 2 unless polls open 3 nonworking Yes * * * Yes Yes Yes Fine of $2,500, jail up to 6 months; for enterprises, fine up to $20,000 * * * Fine of $25 to $250 Limited to 2 Yes, but limited to 2 for hourly workers Yes, 2 work days before election Yes At beginning or end of shift Yes, at beginning or end of shift * Fine of up to $1,000 up to 1 year; corp. also face forfeit of charter and right to do business in state

3 Page 3 Are s Allowed Time Off to Vote? s Georgia Any voter Up to 2 where necessary, unless 2 available before or after work Hawaii Any voter 2, excluding lunch or rest periods, unless polls open 2 nonworking Illinois Any voter 2 between opening and closing of polls Iowa Any voter Enough time to give 3 voting when polls are open, unless employee has 3 consecutive non-work time when polls are open Kansas Any voter Up to 2, between open and close of polls 1 * Yes Yes * Yes, if vote is cast * * Fine of $50 to $300 No Yes Yes * Yes In writing Yes Fine of $50 to $500 up to 30 days Yes * Yes 2 Fine up to $2,500 up to 1 year Kentucky Any voter Reasonable time, but not less than 4 between opening and closing of polls 3 No Yes Yes *

4 Page 4 Are s Allowed Time Off to Vote? Maryland Massachusetts s Any employee who claims to be a registered voter Any voter employed in mechanical, manufacturing or mercantile businesses Time Allowed Up to 2 to cast a ballot, unless the employee has 2 continuous offduty between open and close of polls No work during first 2 polls are open Minnesota Any voter Mornings of election day Yes. s are to provide proof (on a Board prescribed form) that employee voted or attempted to vote * * * Penalty for * Yes * Fine up to $500 Yes * * Fine up to $1,000 and/or jail up to 90 days Missouri Any voter 3 unless polls open 3 successive nonworking Nebraska Any voter Up to 2 unless polls open 2 before or after work Yes, if vote is cast Yes Yes Fine up to $2,500 and/or 1 year in jail Yes Yes Yes *

5 Page 5 Are s Allowed Time Off to Vote? s Nevada Any voter "Sufficient time" unless "sufficient time" exists during nonworking ; 1 to 3 depending on polls distances New Mexico Any voter 2 unless work begins 2 after polls open or ends 3 before polls close Yes Yes Yes Fine up to $1,000 up to 6 months 4 * Yes Fine of $50 to $100 New York Any voter North Dakota Any voter "Sufficient time" unless "sufficient time" exists during nonworking ; 4 consecutive non-working while polls open is "sufficient" s are encouraged to provide time off to vote when employee s regular work schedule conflicts with times polls are open Limited to 2 Yes, 2-10 work days prior to election day Yes, at beginning or end of shift * * * * Fine of $100 to $500 up to 1 year (first offense). Corporations also face forfeiture of charter

6 Page 6 Are s Allowed Time Off to Vote? s Ohio Any voter Reasonable time (amount not specified) Oklahoma Any voter South Dakota Any voter 2, more if necessary, except where employee has 3 before or after work to vote 2, unless polls open 2 non-working 4 Yes, if vote is cast * * Discharge or threat of discharge prohibited; fine of $50 to $500 Yes Yes Fine of $50 to $100 Yes * Yes Fine up to $200 up to 30 days Tennessee Any voter Up to 3 unless polls open 3 before or after work Yes Yes Yes * Texas Any voter Amount not specified; none if polls open for 2 non-working Yes * Yes 5 Fine up to $500 Utah Any voter 2 between opening and closing of polls, unless polls open 3 or more nonworking Yes Yes Yes Fine up to $1,000 and/or jail up to 6 months; for corporations, fine up to $5,000

7 Page 7 Are s Allowed Time Off to Vote? s Washington Any voter Up to 2 6 Yes * * * West Virginia Any voter Up to 3, if necessary, between opening and closing of polls Wisconsin Any voter Up to 3 while polls open Wyoming Any voter 1 hour, unless polls open 3 or more consecutive non-working Yes, unless has 3 nonworking time to vote and chooses not to do so In writing 3 days before election No Yes Yes * Yes, if vote is cast * Yes, exclusive of meal times * 7 For corporations, fine up to $1,000; other employers/ individuals, fine up to $500 and/or jail up to 6 months Fine up to $1,000 and/or county jail up to 6 months *No express provision. SOURCE: CCH INCORPORATED LABOR LAW REPORTS, If polls open before or after work, then enough time, when added to free time, to vote, up to 2. 2 not include regular lunch period. 3 Also up to 4 to request application or execute absentee ballot, on day appearing before clerk, during business. 4 No provision but Attorneys General have construed law to require pay; in New Mexico, limited to 2 for hourly paid workers, except where workday ends more than 3 before polls close and no loss of pay; in Ohio, limited to salaried employees. 5 No provision but Attorney General has construed law as giving employer right to designate, provided sufficient time is allowed. 6 Does not apply if, after knowledge of work schedule on such election date, employee has sufficient time available for an absentee ballot to be secured. 7 may schedule time off to vote in essential government, health, hospital, transportation and communication services and in production, manufacturing and processing works requiring continuity of operations, but ample and convenient time and opportunity to vote.

8 Page 8 U.S. Benefit Office Locations Benefits Brokerage & Consulting Services Rx Purchasing Coalition HR Consulting Data Analysis Benefits Administration Retirement Services Predictive Modeling Call Center Services Voluntary Benefits Consumer Driven Healthcare Legislative & Compliance International Benefits Anchorage, AK (907) Denver, CO (720) Milwaukee, WI (414) Portland, OR (503) Atlanta, GA (404) Eugene, OR (541) Minneapolis, MN (763) Raleigh, NC (919) Baltimore, MD (410) Florham Park, NJ (973) Mobile, AL (251) Rochester, NH (603) Bethesda, MD (301) Ft. Worth, TX (817) Montgomery, AL (334) Roswell, NM (505) Birmingham, AL (205) Greenville, SC (864) Mountain View, CA (650) St. Louis, MO (314) Boston, MA (617) Houston, TX (713) Naples, FL (239) San Diego, CA (858) Cary, NC (919) Jacksonville, FL (904) Nashville, TN (615) San Francisco, CA (415) Charlotte, NC (704) Knoxville, TN (865) New Orleans, LA (504) San Juan, PR (787) Chicago, IL (312) Lake Mary, FL (407) New York, NY (212) Seattle, WA (206) Cleveland, OH (216) Lexington, KY (859) Orange County, CA (714) Tampa, FL (813) Columbus, OH (614) Los Angeles, CA (818) Philadelphia, PA (610) Washington, DC (301) Dallas, TX (972) Louisville, KY (502) Phoenix, AZ (602) Wilmington, DE (302) Detroit, MI (248) Miami, FL (305) Pittsburgh, PA (412)