An issue that often arises during election season is whether a business owner must give his employees time off to vote. The short answer is, yes, your business is required to allow employees time off to vote.

 

     Oklahoma law requires employers to grant registered voters up to two hours of time off during the period in which the polls are open to vote. If you have an employee who will be working more than two hours away from the poll where the employee votes, the employee must be allowed enough time off so that he/she can vote. 

 

     However, the law provides that before an employer is required to grant leave to vote, the employee must notify his or her employer either in writing or orally of the employee’s intention to be absent. This must be done no later than the day before the election. In addition, the employer may require the employee to provide proof he or she actually voted. In addition, the employer, not the employee, determines which hours the employee is allowed to be absent for purposes of voting. The employer must notify each employee who has requested leave of the time he or she may be absent for voting purposes.        

 

     The statute does not make a distinction between full and part-time employees. However, an employee whose work day begins at least three hours or more after the polls open is not entitled to time off to vote. In addition, an employee whose work day ends three hours or more prior to the closing of the polls is not entitled to additional time off to vote.

 

     If the employer wishes, an employee’s work hours may be changed to allow three hours before the beginning of work or after work, to vote. For example, if the polls open at 7:00 a.m. and an employee comes in at 9:00 a.m., it would be acceptable to change the employee’s start time to 10:00 a.m. rather than provide the employee an additional two hours during the work day, to vote.

 

     Any employer who does not comply with the statute may be found guilty of a misdemeanor and could be fined not less than $50.00 and no more than $100.00.          

 

     You thus may wish to consult with your attorney to ensure that your schedule is in compliance with the law.