Time Off to Vote Act
Time Off to Vote Act would require certain employers to grant paid time off for employees to vote in Federal elections. Specifically, if requested, an employer with 25 or more employees must provide a minimum of 2 consecutive hours of paid leave on a day when Federal election polls are open, enabling the employee to vote, return a mail ballot in person, or engage in other voting-related activity. The employer may designate the two-hour window (including whether to align with state early voting), but lunch or other breaks are not counted within the 2-hour period. The leave is protected: it cannot result in a loss of accrued benefits, and it is unlawful to interfere with, restrain, discriminate against, or retaliate against someone for taking the leave or pursuing related rights. Enforcement is handled by the Department of Labor, with civil penalties up to $10,000 per violation. The act uses Fair Labor Standards Act definitions for “employee” and “employer,” clarifies that it does not preempt stricter state or local laws, and takes effect for the first Federal election after enactment. The bill was introduced in the House and referred to the Education and Workforce Committee.
Key Points
- 1Minimum 2 consecutive hours of paid leave to vote in Federal elections, on a day polls are open, upon employee request.
- 2Employers may designate the 2-hour period (including whether to align with early voting), but lunch breaks cannot be counted within the 2 hours.
- 3Leave cannot cause loss of existing benefits; protections against interference, discrimination, or retaliation for taking leave or participating in related processes.
- 4Enforcement and penalties: Department of Labor enforcement with civil penalties up to $10,000 per violation; penalties deposited to the U.S. Treasury.
- 5Definitions and scope: Applies to employers with 25+ employees; uses FLSA definitions of “employee” and “employer”; does not override more generous state/local laws.