Employers, Be Aware of Voting Leave Laws for Your Mid-Atlantic Employees!

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With the upcoming election, we thought that it would be helpful to remind employers with employees in the mid-Atlantic about voting leave laws.

  • Maryland: Under Maryland law, employees may take up to two hours of paid leave to vote on Election Day if they do not have two consecutive off-duty hours while polls are open. Employers may require proof of voting on an official State form. The law does not contain any provisions around notice by or to employees, and we believe that employers can impose a reasonable notice requirement. We also believe that employers may designate the leave schedule. Notably, with the advent of early voting, which is not addressed in the law, this leave right has become less significant.
  • District of Columbia: Under D.C. Law, employees may take up to two hours of paid leave to vote in person (wherever they are registered to vote, including outside the District, and regardless of whether they have sufficient off-duty time in which to vote). They can be required to provide reasonable advance notice of their need for leave – and if there is no policy, the employee cannot be required to provide more than 7 days’ notice. Employers may designate the time off, including during early voting or at the beginning/end of the employee’s shift on Election Day. The law does not address proof of voting, but we believe that employers may require such proof. Employers must post a notice of rights in a conspicuous place at least 60 days before the election.
  • Delaware: No voting leave law applies. Employees do not have a right to take leave to vote.
  • New Jersey: No voting leave law applies. Employees do not have a right to take leave to vote.
  • Pennsylvania: No voting leave law applies. Employees do not have a right to take leave to vote.
  • Virginia: No voting leave law applies. Employees do not have a right to take leave to vote.
  • West Virginia: Under W.V. law, employees may take up to three hours of leave to vote, which is paid unless the employee had at least three consecutive off-duty hours in which to vote but failed to do so. Employees can be required to provide three days’ written notice of their need for voting leave. The law does not address proof of voting, but we believe that employers may require such proof. As for scheduling, the law provides that employers in the following industries may schedule leave so as to avoid impairment or disruptions of essential services: essential government, health, hospital, transportation and communication services and in production, manufacturing and processing works requiring continuity in operation. This would suggest that employers in other industries may not schedule the leave, but that the employee may choose the time.