October 24, 2018 | Category: Compliance, Voting

Election Day is fast approaching. You may already be hearing from employees who want to take time off to exercise their right to vote on November 6, 2018.

While federal law does not mandate that employers provide their employees with time off—paid or unpaid—to vote, many states do. This includes Nevada.

Nevada law requires employers to provide employees with sufficient time off to vote if it is impractical for them to do so before or after work. This leave must be paid and the employee cannot be disciplined, discharged, or otherwise penalized for taking leave to vote. Employers who interfere with an employee’s right to take leave to vote are guilty of a misdemeanor.

Sufficient time off to vote is defined based on distance between the employee’s place of employment and the employee’s designated polling place. If the polling place is two (2) miles or less from the employee’s workplace, the employee is entitled to one (1) hour of leave to vote. If the polling place is more than two (2) miles, but less than ten (10) miles from the employee’s workplace, the employee is entitled to two (2) hours of leave to vote. If the polling place is more than ten (10) miles from the employee’s workplace, the employee is entitled to three (3) hours of leave to vote.

Employers may require advanced notice from an employee of his or her intent to take leave to vote. There is no minimum or maximum amount of notice that is required by law—only that it occur prior to Election Day. Additionally, employers may designate the time an employee can take leave to vote to minimize the impact his or her absence may have on normal business operations.

Do you know all your obligations as a Nevada employer? The Nevada Association of Employers (NAE) is here to help. Our staff of HR professionals is equipped with the knowledge and experience to assist employers in navigating the often complex and sometimes contradictory employment-related statutes and regulations. Contact NAE today!

For more information about NAE and what we do for Nevada employers, visit our website. If you are a Nevada employer interested in membership, please contact membership@nevadaemployers.org or join today!