Is your company compliant with voter leave laws?

Voting poll in sunlit, industrial building.
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If you're heading to the polls on Election Day, you may have to take some time off work to do your civic duty. But if you live in one of the 31 states with voter leave policies, the time off may not have to come out of your paycheck.

And there's no better time to check — for employers and employees alike. 

For example, states like California, Maryland and New York require employers to provide two hours of paid leave for voters, while states like New Mexico, Illinois and Arizona forbid employers from financially penalizing employees for the time they take off to vote. 

And yet, despite the majority of states having voter leave laws, just 29% of workers report that their company has a policy in place that addresses this, according to HR data and insights provider Brightmine. In other words, it's likely many employers aren't compliant with state law, or they're failing to communicate the availability of this leave to their workforce, says Melissa Stein, a former employment law attorney and legal editor at Brightmine.

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"It's incumbent on employers to understand which requirements apply to their workforce," says Stein. "They need to carefully track these laws to ensure they don't miss amendments or new laws that may crop up."

Stein stresses that every state law on voter leave looks slightly different, with varying rules around who qualifies, the time off allotted and the impact on employee wages. She encourages employers to compare their current policy (or lack of) with what their state requires. As for employees, they should ensure they get any time off they're entitled to.

However, even if employers aren't legally required to provide paid-time off to vote, Stein believes they should still offer this on Election Day. Like other forms of leave, voter leave can boost morale and engagement by allowing employees to take the time they need to do something meaningful without losing pay, explains Stein. She adds that voter leave will continue to be especially important to Gen Z.

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"For Gen Z, we're seeing greater expectations around company civic engagement, and employees bring their whole selves to work," says Stein. "The risk of not being seen as an employer of choice for the future generation of our workforce is a concern that should be taken seriously."

According to Brightmine, 38% of millennials and 36% of Gen Zers have used voter leave to cast their ballots, while just 16% of baby boomers and 25% of Gen Xers said the same. Stein is confident more young voters would take advantage of a policy if one was available. 

Stein understands some industries may find it more challenging to carve out paid hours for voting. But she advises these employers to schedule employee hours accordingly so people can vote without any additional stress from their jobs.  

Read more: Giving birth, then back to work: Building better parental leave policies

"If you're a small medical clinic, you may be worried about serving your clients," says Stein. "But you can still craft a policy that minimally disrupts operations. For example, HR could organize it so not everyone steps away at the same time."

Once an employer has a well-communicated voter leave policy in place, they should encourage their leaders to be vocal about using the benefit, advises Stein. It's crucial employees not only have time off to vote but feel comfortable telling their colleagues and managers where they're going. 

"It's really positive for a company to be engaged in the community and support employees who need time to vote," says Stein. "It shows the company is walking the talk when it comes to community engagement." 

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