Election Day falls on Tuesday, November 2nd this year. A new Minnesota law changes Minnesota employers' obligations to provide its employees time off to vote.
Under recently passed legislation, employers are required to provide an employee who is eligible to vote time off from work "for the time necessary to appear at the employee's polling place, cast a ballot, and return to work on the day of that election." This means that at any time on Election Day, employees may be absent from work for the time necessary to vote, and then return to work. Under the prior law, employers were only required to provide an employee with time off to vote in the morning.
Significantly, employees who take time off from work for the time necessary to vote must be paid for that time. The employees cannot be required to use personal leave or vacation time for the time off required to vote. A violation of the law may be punishable as a misdemeanor (maximum fine of $1,000 and up to 90 days in jail).
Although Minnesota law does not require an employer specifically to inform its employees of their right to time off to vote, many employees are familiar with the former law from past elections. The law also does not specifically require employees to make a prior request, verbally or in writing, for time off to vote. However, employers may find it beneficial to inform employees of their right to time off to vote. Employers may request, but cannot require, that employees notify their supervisors in advance and remind them that most polls open at 7:00 a.m.
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