Time Off to Vote Act
The Time Off to Vote Act would require certain employers to give employees a minimum of two consecutive hours of paid leave to vote in federal elections. Covered employers are those with 25 or more employees. The two hours can be taken on a day when polls or voting-related sites are open, and the employer may designate the specific two-hour window (including aligning with early voting periods under state law). The law protects employees from losing benefits or facing interference/retaliation for using the leave, and it authorizes the Department of Labor to enforce the provision, including civil penalties of up to $10,000 per violation. The act applies alongside, but does not override, more generous state or local leave laws. It takes effect for the first federal election after enactment.
Key Points
- 1At least two consecutive hours of paid leave to vote in federal elections, available on a day when voting sites are open and for related voting activities (e.g., returning a mail ballot).
- 2Employers may specify the two-hour window for leave and may require the leave to occur during early voting periods per state law; lunch or other breaks cannot be counted as part of the two hours, though they may be taken separately or consecutive with the two-hour block.
- 3No loss of benefits or other employment protections for taking the leave; protections against interference, denial, or retaliation related to taking the leave.
- 4Enforcement and penalties: the Department of Labor can investigate violations and assess civil penalties up to $10,000 per violation; penalties go to the U.S. Treasury and may be recovered in a federal civil action.
- 5Definitions and scope: “employee” and “employer” follow the Fair Labor Standards Act (FLSA) framework; applies to employers with 25+ employees; state/local laws that require more generous or beneficial leave are not superseded.
- 6Effective date: the act would begin to apply to the first federal election after enactment.