Are Employees Entitled to Time Off From Work to Vote in Election?
October 30, 2006
by Employment & Labor Law / Employee Benefits Group
Stinson Morrison Hecker LLP
Copyright © 2006
A Summary of Kansas, Missouri and Nebraska Voting Leave Laws
Election Day 2006 is fast approaching, and many employees are expected to fulfill their civic duty and cast their vote in the November 7, 2006 general election. A question frequently arises whether an employee may legally take time off from work to vote, and whether a company must pay for such time away from work. The following is a summary of Kansas, Missouri and Nebraska voting leave laws that provides general guidance in this area.
Kansas Voting Leave Law
Under Kansas law, K.S.A 25-418, any person who is entitled to vote at an election conducted by a county election official in Kansas is entitled to a leave of absence from work for a period not to exceed two consecutive hours -- between the time the polls open and close -- on the day of the election, in order to vote.
Exception – If the polls are open before the employee commences work or after work, but the period of time the polls are so open is less than two consecutive hours, the employee is only entitled to be absent from work for such period of time which, when added to the period of time the polls are so open, will not exceed two hours.
Company May Specify Leave Time – An employer may specify the particular time during the day in which the employee may be absent to vote, except that such specified time may not include any time during the employee's regular lunch period.
No Deduction in Pay – An employer may not penalize an employee for being absent from work in order to vote, nor may the employer "dock" the employee or deduct wages from the employee for such absence.
Penalty – Intentionally obstructing an employee in his or her exercise of voting privilege, or imposing a penalty upon an employee exercising his or her voting privilege under Kansas law is a class A misdemeanor.
Missouri Voting Leave Law
Under Missouri law, RSMo 115.639, any person who is entitled to vote at an election held within Missouri is entitled to three hours of leave from work, between the time the polls open and close, on the day of the election, in order to vote.
Exception – The Missouri voting leave law, however, does not apply to a voter if there are three successive hours while the polls are open in which the voter is not in the service of the employer.
Employee Must Request Leave in Advance – An employee must request a leave of absence for voting prior to the day of the election.
Company May Specify Leave Time – The employer may specify any three hours between the time of opening and the time of closing the polls during which the employee may be absent to vote.
No Deduction in Pay – If the employee votes, the employee cannot be subject to any penalty or discipline, and the employer may not "dock" the employee or deduct wages from the employee for such absence.
Cannot Discipline or Discharge Employee – An employer may not use the employee's absence from work for voting as a reason for discipline or discharge (or threaten to discipline or discharge the employee for such absence).
Penalty – Any employer who violates the Missouri statute is subject to a class four election offense.
Nebraska Voting Leave Law
Under Nebraska law, N.R.S. 32-922, any registered voter is entitled on election day to be absent from employment for such a period of time as will, in addition to the employee’s nonworking time, total two consecutive hours between the time of the opening and closing of the polls.
Exception – The Nebraska voting leave law, however, does not apply to a voter if there are two consecutive hours between the time of the opening and closing of the polls during which the employee is not required to be present at work.
No Deduction in Pay – Provided that the employee applies for a leave of absence prior to or on election day, the employee cannot be subject to any penalty and the employer may not "dock" the employee or deduct wages from the employee for such absence.
Company May Specify Leave Time – An employer may specify the hours during which an employee may be absent to vote.
Penalty – The statute provides for no specific penalty for employer violations.
More Information
Stinson Morrison Hecker LLP is one of the country's largest law firms with more than 335 attorneys in more than 45-industry-focused areas. If you would like more information regarding this summary, please contact one of our Employment & Labor Law and Employee Benefits attorneys.
Law at Work is designed to give general information and is not intended to be a comprehensive summary or to treat exhaustively the subjects and matters covered. The information appearing herein does not constitute legal advice or opinions. Such advice and opinions are provided only upon engagement with respect to specific factual situations. Nothing contained herein shall be considered as an admission in any matter or controversy.
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