Early Voting Means Early Obligations: Is Your Voting Leave Policy Ready?

November 3 may be the date on the calendar, but voting leave season is already underway. Early in-person voting grew from just 3 percent in 1996 to 31 percent in 2024. Early voting now spans days or weeks in many states, and several, legislatures have broadened leave rights so employees can take time off on dates other than Election Day itself. If your handbook has no voting leave policy, or has one written around a single Tuesday, you may not be meeting current legal requirements.

Use the next two weeks to close any gaps:

• Posting and notice. Verify that workplace posters are up and that remote staff receive any individual notice your states require. If a deadline slipped, fix it now.
• Policy content. Compare your written policy to each state’s rules on how much time employees receive, when they can take it, how much advance notice you can require, whether you can ask for proof of voting, and whether the time is paid.
• Manager readiness. Supervisors should know that requests may come before Election Day and should handle every eligible request the same way.
• Payroll and scheduling. Set up pay codes that reflect each jurisdiction’s paid or unpaid treatment and build schedules that leave room for required absences.
• Election workers. Employees who serve at the polls or in other election roles may hold separate leave protections under state law.
• Workplace conduct. Election season raises tension. Restate your political activity rules, encourage respectful dialogue, and make sure complaints about harassing or discriminatory political comments reach HR quickly.

The stakes are practical: an inconsistent response or a payroll miscode can turn a routine request into a wage claim or a retaliation complaint.

We can help. Foley & Foley P.C. drafts and updates employee handbook policies, including voting leave provisions, tailored to every state where you operate. Contact us to get your policies Election Day ready.

Disclaimer: This content is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Employment laws vary significantly by state and circumstance. Please contact our office regarding your specific situation.