Voting: Florida

This Voting policy applies to employees in Florida under Florida Statutes Section 104.081 and explains your organization's commitment to protecting employees' right to vote without intimidation or retaliation, including clear guidance on how employees can request time off to vote when they can't reasonably do so outside working hours.

The History Behind Voting Policies in Florida

Voting Leave rules in Florida reflect the fact that Election Day is a regular workday for most people, and employers once had broad discretion to influence whether, when, and how employees could vote. Florida lawmakers responded with a narrow but pointed protection, which makes it unlawful for an employer to discharge or threaten to discharge an employee for voting or for not voting in any election.

Section 104.081 does not require paid time off to vote, and it does not spell out scheduling rules the way some other states do. That gap is exactly why many Florida employers adopted voting policies anyway. Employers needed a consistent way to handle last-minute requests, shift coverage, and early voting plans, while also keeping managers away from anything that could look like retaliation or intimidation tied to an employee's voting choice.

Federal law has pushed employers toward clearer guardrails. The National Labor Relations Act can treat political advocacy as protected activity when it connects to workplace issues, and it prohibits retaliation for protected concerted activity. Add Florida's criminal election laws and the reputational risk that comes with even a whiff of voter interference, and a short, practical voting policy became a simple best practice for many Florida employers.

Which Law is the Voting Policy Meant to Comply With?

If you create and distribute a Voting Policy for your Florida-based employees, it is in an effort to comply with Florida's Florida Statutes Section 104.081.

How to Write a Florida-Specific Voting Policy

• Start with "why" and introduce the concept by encouraging employees to vote and supporting their right to do so.
• Explain that employees should plan to vote outside working hours when possible.
• State that employees may request time off to vote when they can't vote outside working hours.
• Include a clear non-retaliation commitment for voting or choosing not to vote in any election.

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. 

Most employers can skip a policy on this and be fine, as long as they comply behind the scenes when it applies. Consider adding it only if you have employees who are likely to run into this situation, your industry makes it more relevant, or your existing policies leave a gap. Otherwise, this is better handled as a targeted procedure or an one-off communication when the scenario actually comes up. 

Other Considerations

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

Exceptions

None