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Reminder: Today is Super Tuesday - Employees May Be Entitled to Time Off to Vote


In many states across the country, today is primary (or caucus) day...also known as 'Super Tuesday'.  For those that did not vote early and intend to participate in the primary, today is the day to head to the polls.  

As always, the question then becomes whether employees are entitled to time off from work to vote. Of course the answer is...It depends.  Each state treats the matter differently.  So whether you work in Alabama, Alaska, Arkansas, Colorado, Georgia, Massachusetts, Minnesota, Oklahoma, Tennessee, Texas, Vermont, and Virginia...make sure to consult the laws in your state first.

Here in Texas, generally, an employer may not refuse to allow an employee to take time off to vote.  However, time off is not required if the employee has two consecutive hours available to vote when the polls are open (and not required to be at work).  See Chapter 276 of the Texas Election Code.  As well, it has been held that if an employee volunteers to work overtime hours on election day, an employer is not required to give time off to vote.  

So the common rule of thumb:  If an employee has sufficient time to vote outside his work hours (two consecutive hours), Texas law does not require the employer give the employee time off to vote.  In most other situations, the employer must allow the employee time to vote.  Failure to do so could result in fines for an employer (that's been the case as far back as 1944...).


For additional information on Texas law:  http://www.twc.state.tx.us/news/efte/voting_time_off.html

For additional information on other states:   https://www.workplacefairness.org/voting-rights-workplace

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