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Employee Time Off for Jury Duty or Voting

Last Updated August 5, 2008
Employers often find themselves caught in a bind when employees must fulfill their civic obligations. Those who work long hours may not be able to vote during the hours that polls are open unless they take time off work. Likewise, serving jury duty requires at least a day's commitment, while actually serving on a jury may take many days or even weeks. Most states have laws on the books that specify employer obligations and employee rights regarding on the subject. Both employers and employees should familiarize themselves with the laws of their state, as these laws vary widely. Here is an overview.

Voting

Most states offer employees the right to take time off work in order to vote. However, many states do not require that this time off be paid, although the employee may be entitled to use accrued personal leave for this purpose. The employee may be required to request the time off in advance or to provide proof that he or she actually voted.

Some employers have created company policies that cover time off for voting. Such a policy can standardize the process and create a smooth situation for employees while covering necessary shifts at the company.

Jury Duty

Most states have passed laws that prevent employers from retaliating against employees who are called for jury duty. Some states even prohibit employers from attempting to coerce employees into avoiding jury service. Whether or not jurors will be paid by their employers for time away from the job, however, is not always specified in state laws. In most states, whether to pay for jury service is at the discretion of the employer, although employees may be entitled to use accrued personal leave.

The Bottom Line

Problems can arise when civic obligations and work obligations conflict. Most states recognize this problem and have passed laws that cover these situations. However, the specifics of the laws vary widely from state to state. Many employers have stepped in to create company-wide policies that meet or exceed state regulations and provide a streamlined process for all employees.

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