As State Primaries have taken place and the general elections are right around the corner, now is a great time to make sure your companies Voting Policies are up-to-date. Minnesota's Election Day Law covers all "regularly scheduled" state primary or general election was recently amended to give employees the "right to be absent from work for the time necessary to appear at the employee's polling place, cast a ballot, and return to work."
Expansion of the "Right to Be Absent from Work"
In 2010, the MN legislature expanded the definition. Every employee who is eligible to vote has the right to be absent without penalty or loss of salary or wages. Employees have the right to be absent from work “for the time necessary to appear at the employee’s polling place, cast a ballot, and return to work on the day of that election.”
Answers to Unanswered Questions
The Minnesota Election Day Law provides little guidance to employers beyond prohibiting "penalties" or "wage and salary deductions," Some questions you might have regarding the new law are listed below with some general guidance. Please consult your legal counsel before making any policy changes as this information is only guidance.
Can I require an employee to provide advanced notice?
The statute doesn’t fully address this issue, it would be challenging for an employee to prove that providing notice prior to the shift starting interferes with the right to be absent from work to vote.
Can I limit the amount of time the employee is absent from work?
Yes, although enforcing it might be a challenge. The statute provides that the employee must be given time off for the time necessary to (1) appear at the employee's polling place, (2) cast a ballot, and (3) return to work. It does not provide for time to make a pit stop along the way! However, it would be difficult to prove how long it actually took the employee to vote based on lines at the polling place, etc..
Can I require the employee to use accrued vacation or paid time off (PTO) to make up the difference?
The statute doesn’t address this question but keep in mind that deducting an employee's accrued leave or PTO could be viewed as a prohibited deduction or penalty.