Voting: Arizona

This Voting policy applies to employees in Arizona under A.R.S. 16-402, which requires paid time off to vote in certain situations and protects employees from being penalized for taking that time. Your goal is to set a clear, employee-friendly process for requesting voting time off, confirm when paid time is available (including the three-consecutive-hour rule tied to polling hours), and help managers schedule coverage while keeping your organization compliant.

The History Behind Voting Policies in Arizona

Voting Leave policies came into being because Election Day isn't a mandated holiday, and sometimes employees need to vote and be at work at the same time. Arizona put a rule on the books that requires paid time off to vote when an employee lacks three consecutive hours outside working time while polls are open. That law gives employers a say in scheduling by letting you pick the time off, as long as the employee gets the needed voting window.

 

The statute is a compromise between access and operations. Lawmakers didn't create an open-ended "take the day off" right, they created a narrow trigger (no three-hour block) and tied it to paid time, which matters because unpaid time off is a nonstarter for a lot of hourly workers. The notice-and-scheduling piece is there because elections create predictable surges in absence requests, and employers pushed for a way to manage coverage without getting accused of interfering with voting.

 

Modern HR practice turned the statute into a written policy because multi-state workforces and distributed schedules make ad hoc decisions risky. Arizona also bans conduct that interferes with voting, and managers can stumble into that territory with casual comments, inconsistent approvals, or last-minute denials. A short, consistent policy became the cleanest way to follow state laws, document the scheduling process, and keep the focus on time off logistics instead of politics.

Which Law is the Voting Policy Meant to Comply With?

If you create and distribute a Voting Policy for your Arizona-based employees, it is in an effort to comply with Arizona's Time off to vote (A.R.S. 16-402).

How to Write an Arizona-Specific Voting Policy

  • Start with "why" and introduce the concept by encouraging employees to vote and stating your organization supports their right to do so.
  • Explain that eligible employees may take paid time off to vote when they do not have a sufficient block of nonworking time while polls are open.
  • State that the amount of paid time off is limited to what is needed to provide a reasonable voting window.
  • Require employees to give advance notice to request voting time off.
  • Describe that voting time off should be coordinated to choose an appropriate time during the workday.

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 Arizona's requirements), you may not need a separate policy here. 

Other Considerations

The law applies to Arizona 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 take paid time off to do so if they do not have at least three consecutive hours before or after work when polls are open. The time off granted will be the amount of time required to ensure a full three-hour voting window.

 

If you need time off to vote, notify your {​{​manager​}​} before 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.