L4GG’s Model Policy on Paid Leave to Vote

The following model policy is based on L4GG’s work researching election laws in 52 states and jurisdictions, and identifying the strongest provisions that currently exist in state law. This policy guarantees that all workers will have the necessary amount of time to leave work to vote without penalty or loss of pay, and provides a private right of action to hold employers accountable if they violate the policy.

To read L4GG’s full policy report on Paid Leave to Vote, which includes a survey of relevant state law in 52 states and jurisdictions, click here.

Any eligible voter has the right to be absent from work without penalty or loss of pay for the amount of time necessary to travel to and from the voter’s polling place and cast a ballot or attempt to cast a ballot in any federal, state, county, municipal, or tribal election. Any employer or other person may not directly or indirectly refuse or interfere with this right of an employee.

An employer or other person who refuses or interferes with this right of an employee, or subjects the employee to a penalty or reduction in wages due to the employee’s absence for the purpose of exercising this right, is guilty of a misdemeanor.

A person may file a civil action in a court of competent jurisdiction within the State against a person or employer who violates this subtitle.

If a claimant prevails in an action brought under this subtitle, the court shall award:

injunctive relief sufficient to prevent the defendant from violating this subtitle;
statutory damages not less than $10,000 for each violation of this subtitle; and
costs and attorney’s fees.

An employer shall post in the place of work a notice setting forth the provisions of this section. This notice shall be in a conspicuous place, where employees report to work, and on the employer’s website, if applicable. This notice shall be posted no later than ten working days before every election, and shall remain posted until the close of polls on election day.