{"id":4692,"date":"2016-04-04T10:47:40","date_gmt":"2016-04-04T15:47:40","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/employment-law-and-human-resources\/employer-time-off-for-voting-and-jury-duty-policy.html"},"modified":"2024-06-06T04:47:22","modified_gmt":"2024-06-06T09:47:22","slug":"employer-time-off-for-voting-and-jury-duty-policy","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/employment-law-and-human-resources\/employer-time-off-for-voting-and-jury-duty-policy.html","title":{"rendered":"Employee Time Off for Voting and Jury Duty"},"content":{"rendered":"\n
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Employee Time Off for Voting and Jury Duty<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Aviana Cooper, Esq.<\/a>\n | Last updated\n
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Small business owners usually know their employees well. They are often involved in their communities. Business owners understand the need for civic involvement, like voting and jury duty. But small businesses can have difficulty sparing employees away from work for a day of service on a jury or even a few hours at the polls.<\/p>\r\n

There are no federal laws requiring time off for voting or jury duty. Most states have laws<\/a> protecting workers’ rights to vote if they do not have time outside working hours. State laws typically prohibit employers from punishing or firing employees for exercising civic rights. Company policy may also give employees the right to take time off work to vote or serve on a jury.<\/p>\r\n

Time Off for Voting<\/h2>\r\n

After the success of mail-in voting during the 2020 pandemic, the number of states offering mail-in ballots<\/a> increased dramatically. Eight states (California, Colorado, Hawaii, Nevada, Oregon, Utah, Vermont, and Washington) have all mail-in elections. Two other states, Nebraska and North Dakota, have county opt-in for mail-in voting.<\/p>\r\n

The availability of mail-in voting means voters in these states should not worry about taking time off to vote. As part of their civic duty, employers should make information about mail-in voting available in the workplace.<\/p>\r\n

Thirty states require employers to allow employees to take time off work to vote. Some states, such as New Mexico, require two hours of paid time off, but only when the employee does not have time before or after work to reach the polls. In New York, employees must notify their employer that they want time off to vote. Employers must provide information reminding workers of their right to take time off.<\/p>\r\n

The one thing an employer may not do, under any circumstances, is attempt to influence their employees’ votes. You may not suggest your workers should vote for particular candidates or ballot initiatives. You cannot threaten workers with reprisal if you learn they voted a specific way.<\/p>\r\n

Remote, Hybrid, and Flex-time Workers<\/h3>\r\n

The rules remain the same for all your employees, whether in the office or log in remotely from their homes. If your small business is expanding and you have remote workers in other states, you may need legal advice from an employment law attorney in that state.<\/p>\r\n

For instance, if your office is in California, which has mandated voting time off, and your remote worker is in Connecticut, which does not require time off but is on the East Coast, you may need to accommodate different laws and time zones.<\/p>\r\n

Thirty-four states and the District of Columbia have "no-excuse" absentee ballots. These variants of mail-in ballots allow voters to request and send in an absentee ballot, even if they can vote on Election Day. If they vote in person, the mail-in ballot doesn’t get counted. This option can resolve headaches for you and your remote workers.<\/p>\r\n

Independent Contractors and Voting<\/h3>\r\n

The last few years have seen a rise in the number of independent contractors, freelancers, and gig workers filling the ranks of small businesses. In most states, 1099 workers do not have the same employee rights as regular workers. The only restrictions that bind them are those of the contract they signed with the business owner.<\/p>\r\n

Federal and state law considers the degree of control<\/a> an employer has over workers when determining if they are "employees" or "contractors." If an independent contractor or gig worker wants a certain amount of time to vote, that is their option.<\/p>\r\n

If your contractors, such as Uber or Lyft drivers, are on the clock for particular hours each day, you may ask them to give you advance notice when they will be unavailable.<\/p>\r\n

Time Off for Jury Duty<\/h2>\r\n

Most states have laws<\/a> that require employers to allow their workers to take time off for jury duty service. In many states, violating these laws is a misdemeanor, punishable by a fine, imprisonment, or both. Some states also allow employees to seek reinstatement, back pay, and attorney fees.<\/p>\r\n

State and federal laws mandate jury service. Employees may ask the court to excuse them, but the court does not have to grant the request. Jury duty laws protect workers whose employers did not allow jury duty time off.<\/p>\r\n

No federal law requires you to pay an employee for jury duty. Eight states (Alabama, Colorado, Connecticut, Louisiana, Massachusetts, Nebraska, New York, and Tennessee) require employers to pay employees while they are on jury duty. Fifteen states prohibit employers from requiring employees to use sick leave, vacation time, or PTO for jury duty. Those states are:<\/p>\r\n