On Election Day many employers are uncertain over the rights of their employees to take off time from work to vote. With the November 6 election almost upon us, it is important that employers understand their employee’s rights and their obligations.

While there are no federal laws that require employers to provide their employees with time off to vote, both Illinois and Wisconsin, along with many other states, do have laws that govern the rights of employees to take time off from work to vote.

Illinois law grants eligible employees whose work hours begin less than two hours after the opening of the polls, and end less than two hours before the polls close, up to two hours of paid time off for the purpose of voting in a general or special election within the State of Illinois. To exercise this right, the employee must request the time off to vote prior to Election Day. Upon receipt of a timely request, the employer can specify the hours that an employee may be absent to vote. Since election polls in Illinois are open from 6 am to 7 pm, as a practical matter, the vast majority of Illinois employees will be able to vote before or after their work hours.

In Wisconsin, any person entitled to vote is entitled to be absent from work while the polls are open for up to 3 successive hours. The employee shall notify the employer of the need for time off prior to Election Day, and the employer may specify the hours that the employee may take off to vote. The time off to vote may be unpaid.

Additionally, both Illinois and Wisconsin have laws that concern the rights of individuals who have been officially appointed to serve as election officials, such as poll judges. Furthermore employers with collective bargaining agreements should be aware of any provisions that concern time off to vote.

In addition to Illinois and Wisconsin there are 33 other states that presently have laws pertaining to time off to vote. New York and California, for example have laws that require the posting of notices advising employees of their rights. Employers operating throughout the United States should be aware of the requirements of the particular states in which they operate.