Bill would give employees two hours of paid voting time

On August 5, Representative Nekima Williams introduced a legislative voting package (HR 4908) that included a provision called the Time Off to Vote Act. This act would require employers with 25 or more employees during a calendar year to give them two consecutive hours of paid time off to cast their ballots in federal elections.

Voting bill details

If enacted, the bill would entitle employees to take the time off during any federal election while polls or sites that facilitate voting-related activity are open to:

• Vote,
• Return a ballot in person that they received in the mail, or
• Perform other voting-related activities.

Employers could specify the hours for this leave, potentially aligning it with early voting periods instead of on the day of the election, as applicable under state law.

While employers could choose the hours, they couldn’t count lunch or regular breaks as voting time. Employees, however, could use the two hours consecutively with their lunch or breaks.

Potential challenges

This bill would raise several concerns for businesses:

• Scheduling issues: For many businesses, especially small- to medium-sized enterprises, the requirement to provide paid time off for voting could lead to significant operational disruptions. Coordinating schedules to ensure that all employees can take time off without affecting productivity could be a logistical nightmare.
• Cost increases: The financial burden of paying employees for time not worked adds to the already high costs of running a business. This could be particularly challenging for companies operating on thin margins.
• Leave abuse: There’s a risk that some employees might misuse this provision, taking advantage of the paid time off for other purposes. Employees who abuse their voting time off could lead to a lack of trust and increased monitoring costs for employers.
• State laws: Many states already have laws in place that provide time off for voting. This federal mandate could create redundancy and confusion, especially in states with more generous provisions.
• Fines and penalties: Employers that violate the law could be subject to a civil penalty of up to $10,000 per violation, in addition to any legal costs incurred.

The U.S. Department of Labor would enforce the provision as it does the federal Family and Medical Leave Act.

The leave under this federal provision would not supersede related state laws, meaning if a state’s voting leave benefits are greater, employers would need to comply with the state law since it’s more beneficial to employees.

Currently, the bill is in the initial stages of the legislative process, awaiting committee consideration before moving to the House or Senate, but it has little chance of being enacted.