Voting: US

This Voting policy explains how your organization will handle employee requests for time off to vote, a widely adopted best practice because many states and local jurisdictions require some form of voting leave, and employees often have practical questions about scheduling, notice, and whether the time is paid. It encourages employees to vote while setting clear expectations that eligible employees can request unpaid time off when they cannot vote outside working hours, that they should try to schedule the time at the beginning or end of the workday, and that they need to give at least one days notice to their {{supervisorName}} so coverage and operations stay on track.

The History Behind Voting Policies in the US

Voting leave laws pushed employers toward a consistent Voting Leave approach long before modern HR existed. States started passing time-off-to-vote statutes in the late 1800s and early 1900s, when long shifts, limited polling hours, and employer pressure could make voting feel optional. Those laws usually had a similar premise: if an employee doesn't have enough non-working time while polls are open, the employer must provide some time off to vote, and the employee must give notice.

 

Federal law has long banned intimidation and coercion around voting, and the National Labor Relations Act has policed employer speech when it crosses into threats or retaliation tied to employees' choices. Courts and agencies did not require employers to become referees of politics, but they did punish employers who used scheduling, discipline, or "suggestions" to steer votes. A simple written policy about how to request time off, when it will be scheduled, and whether or not it's paid became the cleanest way to keep managers from making up their own rules ad hoc.

 

Recently, early voting, vote-by-mail, and long lines have changed the assumptions that employees could always vote before or after work, and multi-state employers started seeing how different the rules can be on notice, timing, and pay. Many organizations now treat a voting policy like a basic compliance control, similar to meal breaks, with one generous policy for all employees, because it reduces last-minute disputes on election day and keeps political activity out of scheduling decisions.

Which Law is the Voting Policy Meant to Comply With?

There's no federal law that specifically requires a Voting policy for US-based employees. We include this policy anyway because it's (1) a common best practice that answers employee FAQs and sets clear expectations; and (2) a topic that's regulated in many states, so employers often use one company-wide policy that meets or exceeds the toughest state requirements.

How to Write an US-Specific Voting Policy

  • Start with "why" and introduce the concept by encouraging employees to vote and acknowledging that voting may require time away from work.
  • Explain that eligible employees may request unpaid time off to vote when they cannot vote outside working hours.
  • State that voting time off should be scheduled at the beginning or end of the workday when possible.
  • Require employees to give advance notice so voting time off can be coordinated.

When to Include this Policy in Your Employee Handbook

The law does not require you to publish a policy or issue a specific notice. That said, you still have to comply with the requirements that apply to you as an employer. 

 

This is a "depends on your workplace" policy. Include it if you offer the benefit, operate in a setting where this comes up, have a state-specific rule that differs from your national approach, or you've had issues in this area before. If you already have a clear all-employee policy that covers the same ground (and it meets US's requirements), you may not need a separate policy here. 

Other Considerations

The law applies to US employers who have at least 1 employee in the US.

Exceptions

None.

Model Policy Template for a Voting Policy

Voting

We encourage you to vote and support your right to do so. We hope you’ll miss little or no working time to vote, but we understand it’s not always possible to vote outside working hours.

{​{​Employees​}​} who are eligible to vote can request unpaid time off if they’re unable to cast their ballot outside of working hours. Please try to take this time at the beginning or end of your workday.

 

If you need time off to vote, notify your {​{​manager​}​} at least one day prior to election day to coordinate the best time to do so.

Other Jurisdictions that may Necessitate a Voting Policy

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Reminder

The information provided here does not, and is not intended to, constitute legal advice. Only your own attorney can determine whether this information, and your interpretation of it, applies to your particular situation. You should contact legal counsel for advice on any specific legal matter.