Taking Care of HR Business
        A blog from the attorneys of Verrill

        Getting Ready for Election Day: Employee Voting

        by Elizabeth T. Johnston on October 14, 2020

        Election Day is right around the corner. While many employees may choose to vote by mail, chances are you may have employees requesting time away from the workplace (or a remote work set-up) to vote in person. Now is a better time than ever to brush up on employers’ legal responsibilities and best practices for handling employee requests to head to the polls.

        In New England, there is limited state and federal statutory guidance regarding employee voting time. There is no federal law that gives employees time off to vote. Likewise, Maine, New Hampshire, Vermont, and Connecticut have no state law mandating that employees be provided time off to vote. Massachusetts has a limited law regarding employee voting that covers only employees of manufacturing, mechanical, and mercantile entities; the law states that employees of those industries are entitled, upon request, to leave during the two hours after the opening of the polls in the voting precinct, ward, or town where the employee is entitled to vote.

        Although statutory guidance on the topic is scarce, there are steps employers should consider in order to ensure smooth sailing on Election Day and thereafter:

        • Check your existing policies. If your company has a policy in place that addresses employee voting, be sure to study it in advance of Election Day and educate supervisors and managers about the policy so they can appropriately respond to employee requests and questions about leave to vote.
        • Be flexible. In many situations, employees will have sufficient time to vote before or after a shift. Sometimes, however, employees may request time off during the day if they have other responsibilities that prevent them from voting during that time. It is good practice to be flexible and provide a limited period of time, depending on business needs and the employee’s requests, to allow the employee time to vote.
        • Consistency is key. To avoid any potential discrimination or retaliation claims, time off to vote should be provided in a consistent manner among all employees who request it. To help with consistency if you do not have a policy in place, it may be helpful to outline the parameters of what leave you will provide, who can request leave, and how employees should request it. If you deny a request for leave, be sure there is a legitimate business reason for doing so, and document it.
        • Give notice and require notice. If you have a policy in place, provide an update to your employees about the policy and the process for requesting and taking leave, if applicable. If you do not have a policy, let employees know what they should expect from you and, if applicable, what process to use to request leave if they anticipate requesting leave. You should encourage employees to request leave in advance so that you may schedule accordingly.
        • Consider pay practices. Without a legal requirement otherwise, an employer generally does not need to pay wages for time off to vote. However, other wage and hour rules will still apply. Exempt employees receiving a salary should not face any deduction in pay, or it could jeopardize their exempt status. Advise non-exempt employees to keep track of time spent working outside the office—for example, checking and responding to emails while waiting in line at the polls. In addition, if you opt to make voting leave unpaid, you should determine whether employees may or must use paid time off to cover that time (so long as it that would otherwise be consistent with your paid time off policy).
        • Remind employees about health and safety precautions. While employees are tasked with complying with pandemic precautions on a regular basis, polling places could potentially see a high turnout of visitors, which can create a risk of exposure to illness without use of proper precautionary practices and social distancing efforts. Accordingly, now could be a good opportunity to make sure that your employees are up-to-date on their responsibilities and the appropriate course of action to take if they are symptomatic with an illness or come into close contact with someone with a positive COVID-19 test result.

        We hope these tips will help you prepare your workplace for Election Day. If you have any questions, please contact a member of Verrill’s Employment and Labor Group.

        Taking Care of HR Business

        Human resource professionals, supervisors, and company executives are constantly confronted with a changing legal landscape. Verrill’s Taking Care of HR Business blog is designed to keep you informed about the latest and most significant legal developments that affect employers.

        Key Contact

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Blog

        Working 9 to 5? It’s a Way to Make a Livin’, so Make Sure You’re Payin’ for Every Minute: A Maine Employer’s Guide to Stacked Wage & Hour Rules

        Four decades after Dolly Parton gave us both the namesake anthem of the American workday and the film about three fed-up office workers’ dreams of...
        Alerts and Newsletters

        Can AI Pass the Doctor Test? FDA Considers Physician-Inspired Evaluation of GenAI Devices and Other Regulatory Measures

        AI is entering healthcare with indomitable will. It promises to increase efficiency, reduce administrative burden (which healthcare providers so...
        Press Releases

        Verrill Attorney Annabel Rodriguez Named Top Women of Law by Massachusetts Lawyers Weekly

        BOSTON, Massachusetts – Verrill attorney Annabel Rodriguez has been recognized as a Top Women of Law by Massachusetts Lawyers Weekly, and will be...
        Blog

        What Employee Benefits Lawyers Do (and How to Make the Best Use of Us)

        What do employee benefits lawyers do all day and how can clients make the best use of them? This post offers an overview of the kinds of things...
        Media Mentions

        Bloomberg Law Quotes Robert Keach on Expanded Access to Small Business Reorganization

        Verrill attorney Bob Keach was recently featured in Bloomberg Law, discussing legislation that would raise debt limits for bankruptcy relief and...
        Blog

        Phil Bartlett to Step Down as Chair of the Maine Public Utilities Commission

        On September 15, 2026, Governor Janet Mills announced that Phil Bartlett will step down as Chair of the Maine Public Utilities Commission (PUC)...
        Published Works

        Jay McCormack and Michael Fee Co-Author AHLA Article on Skin Substitute Enforcement Trends

        Verrill Partners Jay McCormack and Michael Fee co-authored an article for the American Health Law Association's Fraud and Abuse Practice Group...
        Press Releases

        Verrill Welcomes Health Care & Life Sciences Attorney Elpida Velmahos

        BOSTON, Massachusetts – Verrill is pleased to announce that Elpida Velmahos has joined the firm’s Health Care & Life Sciences Group as an...
        Press Releases

        Verrill Welcomes Litigation & Trial Attorney Emma Pooler

        PORTLAND, Maine – Verrill is pleased to announce that Emma Pooler has joined the firm’s Litigation & Trial Group as an Associate, resident in...
        Published Works

        Four Verrill Attorneys Co-Author Massachusetts Trends and Developments Chapter for Chambers and Partners Child Relocation 2026 Guide

        Verrill attorneys Mary H. Schmidt, Rachel A. Deering, Hannah R. Zukoff, and Mariah G. Tappan co-authored the “Trends and Developments” chapter...
        Blog

        A New Protected Class in Maine: Holders of Final Protection Orders

        In the lead-up to Domestic Violence Awareness Month in October, employers may be taking a closer look at how their policies and practices respond to...
        Alerts and Newsletters

        Verrill Secures SJC Victory for Boston Legacy FC in White Stadium Litigation

        Verrill has secured a significant appellate victory for Boston Legacy FC in the litigation challenging the redevelopment of White Stadium in...