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Taking Time Off for Voting and Jury Duty


Most states require employers to let employees take time off work to vote or serve on a jury.

When civic responsibilities conflict with work obligations, employees can get stuck in the middle. If you work long hours or have a long commute from home to your job, it can be tough to find the time to vote when the first Tuesday in November rolls around. And if you get called for jury duty, you'll almost certainly have to miss at least a day of work -- and possibly many more, if you are selected to serve on a jury.

Luckily, the laws of almost every state recognize this bind, and require employers to allow employees to take time off to cast a ballot or serve on a jury. These laws vary widely in the details, however -- some require employers to provide paid leave while others do not, some allow employers to require employees to provide written proof that they voted or were called for jury service, and some actually impose criminal penalties on an employer who fires or others penalizes an employee for taking time off work for these important obligations.

Voting

Almost every state prohibits employers from disciplining or firing an employee who takes time off work to vote. Some state laws require employers to give their employees a specific amount of time off to cast their ballots. In some states, this time off must be paid; in others, it may be unpaid.

The obligations of these laws do not fall entirely on the employer, however. In some states, employees who want to take advantage of these laws must meet certain requirements, like proving that they actually cast ballots or giving their employers notice, in advance, that they intend to take time off work to vote. To find out the rules in your state, contact your state labor department. You can find more information on leave requirements -- including a summary of each state's law regarding time off to vote -- in Your Rights in the Workplace, by Barbara Kate Repa (Nolo).

Copyright 2006 Nolo

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