Time Off to Vote for Employees — A State by State Survey
With the election less than three weeks away, it’s time for another review of employee voting rights. As you may recall, we did this first when the primaries were underway. We’ve researched all the statutes again, made necessary changes, and now provide you with this new summary to help you with requests and questions you receive from your employees between now and November 4.
Most states require employers to provide time for employees to vote on election day. While these laws vary in each state, they generally require employers to give employees time off to vote if the polls aren’t open two or three hours outside of the employee’s regular shift. Some of these states require that employers pay employees for time off while they are voting. Some states require employees to request time off from their employers in advance.
State-by-state comparison of 50 employment laws in all 50 states, including time off to vote
Many states also have laws that allow for absentee or early voting. Unfortunately, these laws (which are relatively new) aren’t yet coordinated with the laws allowing employees time off to vote (which are relatively old). If an employee requests time off to vote on election day when he could’ve voted early or by absentee ballot, it’s problematic (probably illegal) for an employer to deny the request.
This issue is more difficult If an employee requests to take time off to vote early, since the statutes permitting voting leave refer only to leave on election day. It seems to me that the best practice would nonetheless be allowing the employee to take time off to vote early in the same way you would if the employee had made the request for election day.
There are two reasons for my opinion on this. Every state’s public policy is to encourage voting in elections. If you deny an employee’s request to take time off to vote (even if there’s a technical basis for doing this given the specific language in your state statute), you could violate your state’s public policy. And even if you don’t, you probably don’t want to become, particularly this year, the poster child for employers who make it difficult for their employees to vote. Voting is a hot button issue, and the media would likely give a lot of publicity to this kind of situation.
Now to the specific state laws. The following is a summary concerning time off to vote for employees in all 50 states, the District of Columbia, and Puerto Rico:
1. Alabama – Employees are given “necessary” time off to vote, not to exceed one hour. The employee must give reasonable notice to get the time off. However, if the polls open at least two hours before the employee starts work and close at least one hour after the employee ends work, the employer doesn’t have to give the employee time off. The statute doesn’t specify if the time off is paid. (Ala. Code Section 17-1-5)
2. Alaska – An employer must allow an employee time off for voting unless the employee has two consecutive hours either before or after a regular work shift to vote. An employee doesn’t have to provide advance notice to the employer. This time off is paid. (Alaska Stat. Section 15.15.100)
3. Arizona – If polls aren’t open three consecutive hours outside the employee’s regular shift, the employee can have up to three hours to vote. Employees must give notice in advance of election day to be given this time off, and the employer may specify the time that the employee can take off. The leave is paid. (Ariz. Rev. Stat. Section 16-402)
4. Arkansas – An employer must schedule work hours so that an employee has a sufficient opportunity to vote. The employee doesn’t have to request the time off in advance. The statute doesn’t state whether the time off is paid or unpaid. (Ark. Code Ann. Section 7-1-102)
5. California – Employees are allowed up to two paid hours time off at the beginning or end of their regular working shift to vote. An employee must provide notice at least two working days in advance of the election if, on the third working day prior to the election, the employee knows or has reason to believe there will be a need for time off to vote. An employee will be excluded from the time off rules if there is sufficient non-working time to vote. Although the law requires time to be taken at the beginning or end of the work shift, the employer and employee can agree on another arrangement. Employers must post a conspicuous notice of employee voting rights ten days before every statewide election. (Cal. Election Code Sections 1400 and 1401)
6. Colorado – An employee may take up to two hours leave time to vote; however, the employee won’t be given leave if there are three or more non-working hours when the polls are open to vote. The employee must give notice of the need for leave prior to election day. The employer can specify the hours that it will give the employee off, but the hours must be at the beginning or end of the employee’s work shift if the employee requests it. The time off is paid. (Colo. Rev. Stat. Sections 1-7-102 and 31-10-603)
7. Connecticut - There is no state law regarding employee time off to vote.
8. Delaware - There is no state law regarding employee time off to vote.
9. District of Columbia - There is no law regarding employee time off to vote.
10. Florida - There is no state law regarding employee time off to vote.
11. Georgia – If polls aren’t open two consecutive non-working hours, an employee is allowed up to two hours leave to vote. Put another way, employees aren’t entitled to leave if their work schedules begin at least two hours after the polls open or end at least two hours before they close. The employee must give reasonable notice for leave. The employer can specify the time it will give the employee off to vote. The statute doesn’t state whether this time off is paid or unpaid. (Ga.Code Ann. Section 21-2-404)
12. Hawaii – If polls aren’t open two consecutive hours outside an employee’s regular shift, the employee can take up to two hours to vote, excluding lunch and rest periods. The statute requires employers to pay employees for time off with proof that a vote is cast. The employer may deduct leave time from the employee’s wages if the employee fails to vote and the employer can verify the failure to vote. (Haw. Rev. Stat. Section 11-95)
13. Idaho - There is no state law regarding employee time off to vote.
14. Illinois – Employees are allowed up to two hours paid time off to vote. An employee must apply for leave prior to election day. The employer must permit a two-hour absence from work if the employee’s working hours begin less than two hours after polls open and less than two hours before polls close. (10 Ill. Comp. Stat. Sections 5/7-42 and 10 Ill. Comp. Stat. 5/17-15)
15. Indiana - There is no state law regarding employee time off to vote.
16. Iowa – An employee can have up to three hours to vote if the polls aren’t open three consecutive hours outside the employee’s regular shift. The employee must apply individually and in writing for leave prior to election day. The time off is paid. The employer may specify the time off that it will give to the employee. (Iowa Code Section 49.109)
17. Kansas – Employees are allowed up to two hours paid time off to vote if the polls aren’t open outside an employee’s work shift. If the polls are open before or after an employee’s work shift for fewer than two consecutive hours, then the employee is only entitled to an amount of time off that, when added to the time that the polls are open before or after work, totals two consecutive hours. The employer can specify the time off that it will give an employee. However, such time can’t include any regular meal breaks. (Kan. Stat. Ann. Section 25-418)
18. Kentucky– Employees are allowed up to four hours unpaid time off to vote. The statute requires a reasonable amount of leave time but states that it can’t be less than four hours. The employee must give the employer notice prior to election day. The employer may specify the time off given to the employee. Also, it should be noted that Kentucky statutes allow an employer to discipline an employee if time off to vote is taken but no vote is cast. (Ky. Rev. Stat. Ann Section 118.035; Ky. Const. Section 148)
19. Louisiana - There is no state law regarding employee time off to vote, although two statutes, La. R. S. 23:961 and La. R. S. 23:962, prohibiting employers from taking adverse action against employees for engaging in political activity are interpreted to mean that employers must treat requests for time off to vote the same as requests for time off for all other reasons.
20. Maine - There is no state law regarding employee time off to vote.
21. Maryland – An employee is allowed up to two hours to vote if the polls aren’t open two consecutive hours outside the employee’s regular shift. The time off is paid with proof that the employee voted. (Md. Code Ann. Section 10-315)
22. Massachusetts – Employees in manufacturing, mechanical, or mercantile establishments are allowed time off during the first two hours after the polls have opened only if time off has been requested in advance. The statute doesn’t state whether the time off is paid or unpaid. (Mass. Gen. Laws Chapter 149, Section 178)
23. Michigan - There is no state law regarding employee time off to vote.
24. Minnesota – An employee has a right to be absent from work for the purpose of voting “during the morning of” election day. This time off is paid. (Minn. Stat. Section 204C.04)
25. Mississippi - There is no state law regarding employee time off to vote, although there is a non-coercion statute, Miss. Code Ann. Section 23-15-871, that is interpreted to mean not allowing employees time off to vote would be unlawful coercion.
26. Missouri – An employee is given up to three hours leave to vote, unless the employee has three consecutive non-working hours in which to vote while polls are open. The employee must request leave prior to election day, and the employer may designate the time that the employee is given off from work. This time off is paid. (Mo. Rev. Stat. Section 115.639)
27. Montana - There is no state law regarding employee time off to vote.
28. Nebraska – If polls aren’t open two consecutive hours outside an employee’s regular shift, the employee is allowed up to two hours to vote. The employee must request leave prior to election day, and the employer may specify the time of day that the employee may take time off to vote. This leave is paid. (Neb. Rev. Stat. Section 115.639)
29. Nevada – If polls aren’t open a “sufficient” amount of time during an employee’s non-working hours, the employee is allowed anywhere from one to three hours to vote. “Sufficient” time depends on the distance between the employer and the employee’s polling site. The employee must make a request prior to election day for the time off, and the employer may specify the time of day the employee may take to vote. This leave is paid. (Nev. Rev. Stat. Section 293.463)
30. New Hampshire - There is no state law regarding employee time off to vote.
31. New Jersey - There is no state law regarding employee time off to vote.
32. New Mexico – Employees may have up to two hours of leave to vote, unless their work day begins more than two hours after the polls open or ends more than three hours before the polls close. The employer may designate the time of day when the employee can take the leave. The statute doesn’t state whether this time off is paid, but the employer may not impose a “penalty” on the employee for taking the time off. It should be noted that the New Mexico Attorney General has taken the position for years that the time off is paid, and some lower courts have agreed. (N.M. Stat. Ann. Section 1-12-42)
33. New York – An employee is allowed “sufficient time” to vote if polls aren’t open four consecutive hours outside the employee’s regular shift. The employee must notify the employer of the need for time off at least two but not more than ten working days prior to the election, and the employer may specify whether the employee takes time off at the beginning or end of the shift. Employers must post a conspicuous notice of employee rights at least ten days before election day. If an employee has four consecutive hours either before the opening of the polls and the beginning of a working shift, or between the end of a working shift and the closing of the polls, the employee isn’t entitled to any paid time. If there aren’t four consecutive hours before or after the regular working shift, the employee is entitled to up to two hours paid time off at the beginning or end of the shift. (N.Y. Election Law Sections 3-110 and 17-118)
34. North Carolina - There is no state law regarding employee time off to vote.
35. North Dakota – State law encourages employers to provide time off to vote when the employee’s regular work schedule conflicts with voting while the polls are open. (N.D. Cent. Code Section 16.1-01-02.1)
36. Ohio – Employees may take a “reasonable amount of time” to vote on election day. The statute doesn’t say whether the time off is paid or unpaid. (Ohio Rev. Code Ann. Section 3599.06)
37. Oklahoma – Employees who are registered to vote must be allowed up to two hours time off to vote on election day during a time when the polls are open. An employee must receive “sufficient time” to vote if more than two hours are required to vote. The employee must notify the employer the day before the election if time off to vote is needed, and the employer may specify what time the employee is given to take time off. The time off is paid with proof of voting. An employee is excluded if the work day begins three hours or more after the polls open or ends three hours or more before the polls close. The employer may change the regular work schedule so that an employee will have the required three consecutive non-working hours off to vote. The employer must notify the employee which hours can be used to vote. (Okla. Stat. Ann. Title 26, Chapter 7-101)
38. Oregon - There is no state law regarding employee time off to vote.
39. Pennsylvania - There is no state law regarding employee time off to vote.
40. Puerto Rico - The day of the general election is a legal holiday in the Commonwealth of Puerto Rico. Employers in continuous operation on the day of the election must establish shifts that will allow employees to go to the polls to vote between 8 a.m. and 3 p.m. The statute does not address whether the time is paid. (P.R. Stat. Tit. 16 Sections 3204 and 3237).
41. Rhode Island - There is no state law regarding employee time off to vote.
42. South Carolina - There is no state law regarding employee time off to vote.
43. South Dakota – An employee is allowed to take time off to vote if polls aren’t open two consecutive hours outside the employee’s regular shift. The employer may specify the time that the employee is given off to vote. This time off is paid. (S.D. Codified Laws Section 12-3-5)
44. Tennessee – An employee is given a reasonable period of time off to vote, not to exceed three hours, unless work is begun three or more hours after the polls open or ends three or more hours before the polls close. The employee must give notice of the need for time off to vote at least before 12:00 p.m. on the day prior to the election. The employer may specify the time off that the employee is given to vote. This time off is paid. (Tenn. Code Ann. Section 2-1-106)
45. Texas – The employee is allowed reasonable time off to vote if the polls aren’t open two consecutive hours outside the employee’s regular shift. This time off is paid. (Tex. Elec. Code Ann. Section 276.004)
46. Utah – An employee may take up to two hours of leave to vote, unless there are three or more non-working hours in which to vote. The employee must request leave prior to election day. The employer may specify the time off that the employee is given to vote. However, the employer must grant the employee’s request for leave at the beginning or end of the regular work shift. The time off is paid. (Utah Code Ann. Section 20A-3-103)
47. Vermont - There is no state law regarding employee time off to vote.
48. Virginia - There is no state law regarding employee time off to vote.
49. Washington – Employers must ensure that employees have time to vote. If an employee’s schedule doesn’t provide at least two hours before or after work when the polls are open, the employee must be given “reasonable time up to two hours” in which to vote, not including meal or rest breaks. However, if an employee’s work schedule for election day is announced sufficiently in advance so that the employee may obtain an absentee ballot, the provisions of the statute don’t apply. This leave is paid. (Wash. Rev. Code Ann. Section 49.28.120)
50. West Virginia – Employees are provided up to three hours leave if a written request for time off is made at least three days prior to election day. If the employee works in essential government, health, hospital, transportation, communication services, or is in an industry requiring continuous operations, the employer may specify the time off for an employee to vote. The time off is paid unless the employee has three or more non-working hours in which to vote, and the employee fails to use those non-working hours to vote. (W.Va. Code Ann. Section 3-1-42)
51. Wisconsin – Employees are allowed up to three hours to vote if the request for time off is made prior to election day. The employer may specify the time to be taken by the employee to vote. This time off is unpaid. (Wis. Stat. Ann. Section 6.76)
52. Wyoming – Employees may take one hour to vote, excluding meal times. An employee won’t be given the time off if there are three or more consecutive non-working hours in which to vote. The statute doesn’t require the employee to give advance notice of time off. It does permit the employer to specify the time off that it will give to an employee to vote. This time off is paid. (Wyo. Stat. Ann. Section 22-2-111)
Hopefully, this list will be helpful to you, particularly if you have operations in multiple states. If you have questions about any of these statutes, please let me know.
Two more things. First, five states have laws that apply to employees who serve as election officials. Check out another post to see whether your state is one of the five, and if so, what is required of employers who have such employees. Second, there’s one more post with some practical tips on dealing with what could be an employee voting crush on November 4.
Posted
on
Wednesday, October 15th, 2008 at 12:33 pm under
As a Florida resident who works in TN - the three hours won’t be quite enough for me. I should check and see if I can get some extra vacation days to fly home and vote!
I vote absentee and that can be dangerous in Florida.
October 15th, 2008 at 1:16 pmWe allow Florida residents to work in Tennessee? I did not know that.
Apparently, voting in any fashion in Florida can be dangerous. I suspect it may be a long night in Florida again this year, but hopefully it won’t last for weeks.
October 15th, 2008 at 10:32 pmI should have said ‘currently’ works. I will not be here much longer.
October 16th, 2008 at 4:14 pmThanks so much for providing this really useful information!! Very much appreciated!
October 17th, 2008 at 10:55 amIn Alabama employees are given “necessary” time off to vote, not to exceed one hour. The employee must give reasonable notice to get the time off. However, if the polls open at least two hours before the employee starts work and close at least one hour after the employee ends work, the employer doesn’t have to give the employee time off. The statute doesn’t specify if the time off is paid. (Ala. Code Sections 17-1-5, 17-8-13)
Neither of these requires us to pay for this time off to vote. Since I think voting will require extra effort in this election (lines will be longer), I would like to get a sense if anyone pays for an hour of “office employees’ time” to encourage voting? We have people that work from home and is that legal, to distinguish between office employees and others?
Long question, but don’t want people to feel like they can’t vote.
October 17th, 2008 at 11:13 amConnie, I’ll give you my thoughts on a very good question.
I don’t think you can distinguish between employees who work at your office or facility and those who work at home. It’s a little more difficult to keep up with or make sure about the time actually taken off by the employee, but that doesn’t provide a reason for making a distinction.
As to offering a paid hour to encourage voting even though you aren’t required to do so, I don’t know if other employers are doing this, but if you do it, I’d be careful about saying very clearly that you’re doing it on this one time bssis because of the unusual amount of interest in voting in this election, your concern about long lines at the polls, and your desire to make it possible for your employees to vote if they so desire. You don’t want to set a precedent that some might argue would apply to all elections.
October 18th, 2008 at 8:07 am[...] Phillips presents Time Off to Vote for Employees?A State by State Survey posted at The Word, saying, “This post contains a state by state survey of the laws governing [...]
October 19th, 2008 at 11:02 amThanks for including this post in your carnival.
October 19th, 2008 at 1:57 pmWith regard to payment for time off to vote–does that come from the employer or is it taken out of accrued pay (i.e. vacation) that the employee has?
October 20th, 2008 at 9:06 amI don’t think it would be appropriate to take it from accrued vacation or any other paid leave. Based on the statute, it would be something separate that the employer pays.
October 20th, 2008 at 10:43 amOregon is generally a mail ballot state. However, if not mail ballots, state employees’ work and travel arrangements can be modified to allow employees opportunity to vote on their own time on recognized state and federal election days.
October 20th, 2008 at 11:28 amMs. Corbin,
Thanks very much for your comment about Oregon. Since Oregon has no law giving employees time off to vote (really little need to have one in light of the state’s significant emphasis on mail ballots), Oregon employers would certainly be free to do it the way you suggest.
October 20th, 2008 at 12:05 pmThank you for this, I have employees in multiple states and I have been trying for days to find this information.
October 21st, 2008 at 3:49 pmThanks for this comment. It can be tough when you have employees in multiple states, not only on this subject but others as well, so I hope it does help.
October 21st, 2008 at 4:43 pmArizona requires paid time, but from my understanding you can use PTO or vacation time, however if employees don’t have any left, or are in the negative, you still must pay them, what we do is let them borrow PTO for voting if they dont’ have any left.
October 23rd, 2008 at 9:56 amAmy, thanks for your comment.
I don’t read the statute that way if you are saying that it’s permissible to force an employee to take PTO or vacation as time off to vote. The statute says nothing about that. It does say that time off to vote has to be paid if the other requirements of the statute are met. It appears to me to be paid leave separate from PTO or vacation.
October 23rd, 2008 at 5:15 pm[...] Time Off to Vote for Employees — A State by State Survey | The Word - [...]
October 25th, 2008 at 3:01 amThanks for the mention.
October 25th, 2008 at 11:26 am[...] help you out, here is a state by state run down of your rights as a voter. Did you know that most states require an employer to give you time off to vote? Some states even [...]
October 26th, 2008 at 3:37 pmAnother reason old people have controled the vote in the U.S.
I think we are one of the only industrialized nations that don’t vote on Saturday.
Great post!
October 27th, 2008 at 12:03 amBring it On and Ray The Money Man,
Thanks for linking to my post on voting rights for employees on a state by state basis.
October 27th, 2008 at 10:28 am[...] Time Off to Vote for Employees — A State by State Survey “With the election less than three weeks away, it’s time for another review of employee voting rights.” (tags: politics) [...]
October 27th, 2008 at 11:30 amThanks for your link to this post.
October 27th, 2008 at 11:38 amI have a question. I live in Kansas, but work in Missouri. The Missouri law says that Missouri employers have to give Missouri employees time off to vote in Missouri… but I am lost.
October 28th, 2008 at 2:46 pmThe Kansas laws don’t really have any hold over my Missouri employer, but I am not really covered under the Missouri law. Do I get time off to vote, or am I just screwed if my employer is a jerk and won’t let me off???
HELP PLEASE!!!
[...] Time Off to Vote for Employees — A State by State Survey | The Word [...]
October 28th, 2008 at 7:35 pmBrush Away and Linden,
Thanks very much for the mention of this post. I hope it is helpful to your readers.
October 29th, 2008 at 9:19 amBlake,
Thanks for the question. You have a situation that could need to go all the way to the U.S. Supreme Court for an answer. But you don’t have that much time.
I don’t think you’re screwed. Under either Kansas or Missouri law, you’re entitled to take time off to vote. The leave is paid under both statutes. The difference is that the amount of time off is different. Without having researched this question, I would think your employer is governed by Missouri law even though you live in Kansas.
You should request time off to vote on election day. Try to work out something that’s mutually agreeable. I don’t know how many hours the polls are open in Kansas before and after your shift starts, so you’ll have to figure out how that works, applying either law. I also don’t know how far away work is from your polling place, so you’ll have to figure that in as well. I’d go ahead and make the request and see what you can work out.
It’s conceivable that you could find yourself in a Catch 22 situation, depending on your hours and the hours the polls are open, but if you go ahead and talk to your employer about it, I’m betting something can be worked out.
October 29th, 2008 at 9:31 am[...] "With the election less than three weeks away, it’s time for another review of employee v… - %extended% [...]
October 29th, 2008 at 10:02 amAn Employer is requesting an employee to get written verification that he has voted in the state of NM so he can get paid for the time off, I have never heard of this,is this legal?
October 29th, 2008 at 11:31 amEdna,
Thanks for your question. Some state statutes require an employee to provide written proof of voting in order to be paid for time off. New Mexico doesn’t.
It should be remembered that these state laws apply only to election day, not to early voting. Presumably, there will be an effort after this election to bring some uniformity to statutes dealing with early voting and statutes dealing with time off to vote for employees on election day.
With respect to your question, applying the time off to vote statute in New Mexico technically, it doesn’t appear that an employer has to pay an employee for time taken off to vote early. I advised in my original post on this that employers should probably apply the election day statute to early voting as well, but technically, I’m not sure that’s required. It seems to me to be a best practice under the circustances this year.
If the employee you’re talking about can fairly easily obtain the verification the employer is requesting, I think I’d do it, get paid, and wait for the laws to be clarified.
October 29th, 2008 at 1:07 pm[...] the other way if you vote by absentee ballot and take the free time anyway. Photo by Ho John Lee. Time Off to Vote for Employees — A State by State Survey [The Employment Law [...]
October 29th, 2008 at 2:32 pm[...] Phillips presents Time Off to Vote for Employees?A State by State Survey posted at The [...]
October 31st, 2008 at 10:59 amThe Politics and Money Carnival always has some interesting and thought-provoking material. Thanks for including my post in the carnival.
November 1st, 2008 at 10:54 am[...] I found out that Wisconsin is not alone among the states in [...]
November 2nd, 2008 at 12:15 am[...] There are specific state laws that outline how employers must respond to an employee’s desire to vote. Find your state’s law here. [...]
November 2nd, 2008 at 6:46 pmThe California Election Code Sections are actually 14000 and 14001.
November 3rd, 2008 at 5:45 pm[...] know what the laws are in regards to your time to get paid to vote? Here is the state-by-state list that gives you the specific details for each [...]
November 3rd, 2008 at 5:51 pmJohn,
Thanks for your clarification about the California election code sections.
November 3rd, 2008 at 7:31 pm[...] to John Phillips, blogger/lawyer from The Word on Employment Law: “Most states require employers to provide time for employees to vote on election day. While [...]
November 4th, 2008 at 12:38 am[...] Alabama (and many other states), your employer is required to give you time off to vote. Do it! Share and [...]
November 4th, 2008 at 9:55 am[...] and put their pants on the same way. Additionally, I believe I counted twenty states/territories that allow for paid time off to vote under certain circumstances, and one (NM) that’s in dispute. With early voting and polls [...]
November 4th, 2008 at 11:02 amI work in Kansas and for a temp service. I was denied paid time to go vote, because I am a temp and not a “full time employee”. This makes no sense at all. I work 40hrs per week which makes me full time. I want to report this UNPATRIOTIC company!!!!
November 4th, 2008 at 5:02 pm[...] Depending on which state you’re in, you might get paid time off work to vote. [...]
November 4th, 2008 at 5:17 pmDonna,
As I understand the Kansas statute, you are entitled to up to two hours of paid leave unless the polls are open two hours before you start work or two hours after. (There’s a little more to it than that, but that’s the basic rule.) Based on what you said, I’m not sure what your situation is in that regard. As far as I can tell, there’s nothing in the statute that makes a distinction between full-time and temporary employees. The qualifying event is whether the polls are open before or after you’re scheduled to work to give you enough time to vote.
November 4th, 2008 at 5:50 pmI posted this wonderfully informative website on a blog site today where questions arose about not having any time to vote. I also posted it to twitter.com. Thank you for making it available, it has helped many find out what their rights were and get to the polls!
November 4th, 2008 at 7:15 pmB,
Thanks very much for your comment, and thanks for passing my post along. I’m glad you found it helpful.
John
November 4th, 2008 at 7:41 pm[...] n Time Off to Vote for Employees — A State by State Survey | The Word [...]
April 22nd, 2009 at 5:37 pmI work at a center in my county whiches about 10 miles from my home but in summer I am required to go to school that is over 40 miles away. It about 400 miles a week ,I was getting milage but now my employer want to take that away from me.Can they do that?Its costing me alot going backing and forth not to mention the drive time.
June 3rd, 2009 at 5:39 pmStephanie,
I’m not sure what state your in. It’s possible that there’s a state law that would come into play, so you should check that out.
Ordinarily, however, an employer is not required to pay you for the time it takes to go to and from work or to pay mileage for this. Mileage is ordinarly paid when you are required to drive during the course of your employment, but that’s dictated by company policy. It doesn’t seem to me that the fact you are being required to go to school would change any of these general principles, although there could be a state law that could come into play.
If during your drive time you are working (calling people you deal with in your work or something like that), you’re doing your job, and you’re entitled to be paid for that time, although that has nothing to do with mileage.
The above is just to provide you with some general principles. I would need more information to give you a definitive answer. I would check your policies to see what they say about mileage and see whether your employer is complying with the mileage policy as it applies to you. If you think your employer is violating a policy or the law, you should talk with a local attorney.
John
June 3rd, 2009 at 6:09 pm[...] 3) (Mostly) Painless Voting- Surely you’ve heard the horror stories about people waiting for hours just to be able to vote, polling locations running out of ballots, etc. Some inconvenience cannot be avoided, but as with most things the majority of it can be minimalized by making good choices. Polling places tend to be busiest between 7:30-9:00, 12:00-1, and 4:30-6:00. Most other times are fairly quiet, although like a traffic jam the extremely busy times can stretch into the quieter ones, especially in the evening. Go during off hours. If in doubt, think about when you’d go to the DMV and go to your polling place at that time. If you’re unable to make it to the polls on Election Day, explore the options, available in a number of states, to vote early or by mail-in absentee ballot. Laws vary, but in many states your employer is required by law to allow you time to go and vote if needed. A state by state guide to employer requirements can be found here. [...]
October 30th, 2009 at 7:39 pmI work in VA that has now provision for employees right to vote but I live in WV which give up to 3 hours. Which is followed where I vote or where I work?
November 3rd, 2009 at 2:26 pmBrian, I don’t have a definitive answer to your question. I don’t think there is one. That’s the kind of question the U.S. Supreme Court should decide. Since you’re entitled to be away from work in the state where you live and vote, your employer should seriously consider giving you time off to vote. I don’t know, however, whether your employer is legally required to do that. I would try to work this out with HR on a practical basis instead of looking for a legal answer. I would make a proposal to your employer and try to arrive at a solution that works for both of you.
John
November 3rd, 2009 at 2:45 pm