- Advance Notice. The Minnesota voting leave statute does not prohibit employers from requesting advance notice of absences for voting time. Employers might consider sending out a notice to employees stating that time off to vote should be prearranged to allow time for coordinating absences and minimize disruptions.
- Voting on Non-Working Time. Employers do not have to pay voting leave to employees who are not scheduled to work on election day or who choose to vote outside of working hours.
- Reasonable Time Away.The statute does not contain any precise limits on voting time, but it is permissible to limit paid voting leave to a reasonable amount of time off. What is reasonable will depend on individual circumstances, such as how far away the polling location is from the work facility and whether the employees polling place is in a densely populated area that results in longer lines.
- Proof. Employers may require employees to account for their time and to show proof that they voted, as long as such requirements are carefully communicated in a way that would not tend to discourage or interfere with use of voting leave.
- Notice to Employees. Employers are not obligated to affirmatively notify employees of the right to voting leave. Some employers might choose to do so, however, to encourage civic engagement and/or to request advance notice from those who intend to take time off from work so that workflow disruptions can be minimized.
- Employer Request to Vote on Non-Working Time. The Minnesota voting law does not prohibit asking employees to try to arrange to vote on non-working time. That being said, an employee could interpret such a request as an attempt to discourage use of paid voting leave rights. Accordingly, if an employer is going to make such a request, it should make clear that the request is not a requirement and that there will be no negative repercussions for employees who choose to vote on paid working time.
Emily Mawer focuses her practice on higher education and child safety issues. Emily regularly advises colleges and universities on a variety of legal issues including Title IX, the Violence Against Women Reauthorization Act ...
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