We want to remind employers that, although there is not (yet) a federal voting leave law, some states have enacted voting leave, among other requirements, including mandatory postings and notices. For 2024, election day will be on November 5.

Required Notices

California, DC, and New York require that employers post a notice about employees’ voting rights in a conspicuous location in the workplace. Employees who work from home or do not report to the workplace regularly should be provided with these notices electronically.

California

California’s notice must be posted at least 10 days before the November 5 election, so it should be given on Saturday, October 26. If you are closed on Saturdays, post or send the notice by Friday, October 25.

• California’s notice can be found in English here and in other languages here.

The District of Columbia

DC employers must post a voting leave notice created by the DC Board of Elections (DCBOE) at least 60 days before the November 5 election—which is September 6. If provided electronically for remote employees, employers need to get the employee’s acknowledgment of receipt.

• This election notice can be found in English and in other languages here.

• The DCBOE has a web page with additional information.

New York

New York requires the notice to be posted at least 10 working days before the November 5 election (this would be October 22 for a Monday through Friday workplace).

• New York’s notice is available here

Voting Leave

Most states require employers to provide a few hours off to vote, sometimes paid, often with little advance notice. Employers should be ready for last-minute leave requests and should encourage employees to use early voting by offering the same time-off benefit to reduce Election Day absences. Early voting and absentee ballots do not change the right to vote on Election Day.

Employers should visit the platform’s laws pages to learn about state voting leave laws. Check out our guide, “Managing Political Conversations and Supporting Employee Voting Rights,” for more information.

What to do if your state does not have a voting leave?

Even in states without specific voting leave laws, employers can take several proactive steps to support their employees’ right to vote:

• Flexible Scheduling: Allow employees to adjust their work hours on Election Day to ensure they have time to vote. This could include coming in late, leaving early, or taking a longer lunch break.

• Encourage Early Voting: Promote early voting options and provide information on how employees can vote early or by mail. This can help employees avoid long lines and ensure they have ample time to vote.

• Company Policy: Establish a company policy that supports voting. Clearly communicate this policy to all employees so they know they are encouraged to vote and understand how they can take time off if needed.

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