Voting: Maryland
This Voting policy applies to employees in Maryland under Maryland Election Law § 10-315, which requires employers to provide paid time off to vote in certain situations when an employee doesn't have enough nonworking time while the polls are open. It's designed to make voting practical without disrupting operations, by setting a clear rule for when paid time off is available (up to two hours), how much time is granted to create a two-hour voting window, and what employees need to do ahead of Election Day to coordinate coverage and confirm they voted.
The History Behind Voting Policies in Maryland
Voting Leave rules exist because states learned that a right on paper can disappear when a work schedule gets in the way. As a result, Maryland requires employers to give paid time off to vote when an employee lacks a workable block of free time while polls are open. The basic idea is that if someone cannot get a reasonable window to vote outside their shift, work should not be the thing that stops them.
Maryland's law also reflects an older American pattern that lawmakers kept running into across industries, especially in manufacturing and shift-based jobs. When polls ran for limited hours and commutes were longer, "just vote before or after work" often meant "do it on your own time, if you can." States responded with voting leave statutes that set a clear floor and removed the incentive for managers to play favorites. Maryland's two-hour framework fits that tradition, and it gives HR teams something concrete to administer instead of relying on informal flexibility that can turn into inconsistent treatment.
Which Law is the Voting Policy Meant to Comply With?
If you create and distribute a Voting Policy for your Maryland-based employees, it is in an effort to comply with Maryland's Election Law, Section 10-315.
How to Write a Maryland-Specific Voting Policy
- Start with "why" and introduce the concept of supporting employees' right to vote while balancing work coverage.
- Explain the eligibility rule for paid voting time off based on whether employees already have a reasonable voting window outside their work hours.
- Define how the amount of paid time off is determined, focusing on providing a sufficient voting window with a clear cap.
- Describe the notice expectation for requesting voting time off and coordinating timing.
- State the documentation requirement to confirm the employee voted.
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 Maryland's requirements), you may not need a separate policy here.
Because a law creating limitations around Voting Leave for employers exists in almost every state, most employers have a single Voting Leave policy that applies for their entire workforce.
Other Considerations
The law applies to Maryland 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 two 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 two-hour voting window, not to exceed two hours.
If you need time off to vote, notify your {{manager}} before election day to coordinate the best time to do so. You must provide proof you voted via a form from the State Board of Elections.
Other Jurisdictions that may Necessitate a Voting Policy
US Federal Voting Policy
🇺🇸Create a Voting policy that’s compliant with US Federal lawAll Maryland-Specific Policies & Topics
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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.