Can My Nanny Take Time Off to Vote?

As Election Day approaches, families may be curious if they are required to provide their nannies and other household employees with time off to vote.

The answer is … it depends.

While federal law does not require household employers to provide their workers time off to vote, many states have voting leave laws that allow employees to take leave in certain circumstances.

Your nanny may also desire an offer to take leave and vote regardless of the applicable laws.

Here’s what household employers need to know.

State voting leave laws

Most states and localities have laws requiring employers to provide their workers time off work to vote, even though no federal law requires this.

Yet, if certain employees have enough time to vote during non-working hours, they may not be eligible for leave.

The specifics vary by state, but many of these voting leave laws:

• Require the leave to be paid
• Impose a notice requirement on employees to provide their employers with notice of the leave
• Allow employers to designate the hours during which employees may be absent to vote

Household employers should be aware of the voting leave laws that apply to them and be prepared to comply with any applicable requirements.

Here’s a state-by-state overview of voting leave laws.

It will specify how much leave is required, days of notice provided by the employee when intending to take leave, whether the employee is paid during this leave and any exclusions.

For example, in New York State:

• Employees who do not have sufficient time to vote outside working hours are entitled to as much time off from work as necessary to vote, up to two hours of which must be paid.
• “Sufficient time to vote” means four consecutive hours from the opening of the polls to the beginning of the work shift or from the end to the closing of the polls.
• The amount of paid time off required must be determined case-by-case, as waiting times at polling places, traffic conditions, and other factors may vary.
• The employee must notify their employer of the need to take time off from work to vote at least two working days before election day.
• An employer must grant leave only at the beginning or end of an employee’s work shift and may designate when the employee takes leave.

3 other considerations for household employers

1. Offer paid time off even if not mandated by state law

If practical, household employers can provide paid time off to vote during Election Day, even if this is not required in your state. Your worker may appreciate the benefit, and it could boost worker engagement and satisfaction. It’s strongly suggested that any paid leave provided for voting be included in a nanny contract or work agreement.

2. Make Election Day a paid holiday

Perhaps less feasible, but still an option, is making Election Day a paid holiday so your nanny can vote when they please. This may be more practical if a parent also has the day off and can care for their children on Election Day. Again, include this benefit in your nanny contract or work agreement.

3. Provide information on early voting

Families may consider informing their employees about early and absentee voting in their state. That way, workers can vote ahead of time and do not need to take off work on Election Day.

For more information

For additional information on voting, check out these federal resources: Voting and Elections in the United States and the U.S. Election Assistance Commission.

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