Federal law does not require employers to give employees time off from work to vote, but most states and some local ordinances require employers to do so—especially when an employee’s work hours do not allow sufficient time for an employee to vote during poll hours.
Voting-leave laws vary from state to state, including whether time off must be paid or unpaid for employees who are eligible to receive overtime pay under the Fair Labor Standards Act (FLSA) because they are not exempt under the FLSA. But employees who are exempt from overtime pay under the FLSA (professional, administrative, executive, outside sales, computer software employees) should not have their pay reduced for taking time off to vote, as doing so may jeopardize their exempt status under the FLSA.
State voting-leave laws also vary regarding the amount of time off that must be provided and whether an employer can dictate which hours are taken off. Some states and cities require employers to post information advising employees of their voting-leave rights. And some states and cities require employers to provide time off to employees who serve as election officials or who serve in an elected office.
State laws that require employers to provide employees with time off from work to vote often limit voting leave to employees who do not have sufficient time to vote outside of working hours. States and localities with flexible voting options may reduce or eliminate the need for employees to take time off from work on election days.
In Ohio, state law mandates that employers must provide employees with reasonable time off to vote on Election Day. This time off should be at the beginning or end of the working shift, whichever allows the most free time for voting and the least time off from the regular working shift. Ohio does not specify whether this time must be paid or unpaid, but the law does require that employees must notify their employers of their intention to take time off to vote prior to Election Day. There is no specific duration mentioned in the Ohio Revised Code for voting leave; it simply states that the time should be 'reasonable.' Additionally, Ohio law does not require employers to post notices about voting leave. It's important for both employers and employees to be aware of these regulations to ensure compliance and to support the democratic process by allowing employees the opportunity to exercise their right to vote.