This act mandates that employers provide employees with at least two hours of paid leave to vote in federal elections, with the employer determining the specific time the leave is taken.
Nikema Williams
Representative
GA-5
The Time Off to Vote Act mandates that employers provide employees with at least two consecutive hours of paid leave to vote in federal elections. Employers retain control over when this paid leave is taken, which can include early voting periods if permitted by state law. This Act prohibits employers from penalizing employees for utilizing this required voting leave.
New 'Time Off to Vote Act' Mandates 2 Hours of Paid Leave for Federal Elections at Large Employers
The newly introduced Time Off to Vote Act aims to remove one of the biggest practical barriers to casting a ballot: time off work. This bill mandates that employers with 25 or more employees must provide at least two consecutive hours of paid leave for staff to vote, drop off a mail-in ballot, or handle other necessary voting-related tasks during any federal election.
The New Standard: Paid Time for Civic Duty
Starting with the first federal election after its enactment, this law essentially makes it illegal for you to lose pay just because you took time to vote. If you work for a qualifying employer (25 or more staff), you can request this time off, and your employer has to grant it (SEC. 2). This is a big deal for shift workers and anyone whose typical workday overlaps heavily with polling hours. Crucially, the bill clarifies that taking this voting leave cannot cause you to lose any employment benefits you’ve already earned, and it specifically protects employees from retaliation—meaning your boss can’t punish you for taking the time or for flagging illegal activity related to this requirement.
Who Controls the Clock? The Catch for Employees
While the leave is guaranteed and paid, there’s a significant asterisk: your employer gets to decide exactly when you take those two hours (SEC. 2). They can require you to take the time during an early voting period if your state allows it, or they can schedule your two hours at the beginning or end of your shift on Election Day. For example, if you finish work at 5:00 PM and polls close at 7:00 PM, your employer might schedule your leave from 3:00 PM to 5:00 PM. This control gives businesses flexibility to manage staffing levels, but it also means employees might not get to choose the most convenient time, potentially forcing them to vote at less busy or more distant polling locations.
Impact on Businesses and the Enforcement Stick
This mandate applies to any employer involved in commerce with 25 or more employees. Businesses with fewer than 25 staff are exempt, which is a key detail for very small operations. For larger employers, this introduces a new administrative requirement and a cost, as they must pay employees for non-work time. However, the bill is clear that it won't override any existing state or local laws that already offer more generous paid time off for voting (SEC. 2).
Enforcement falls to the Secretary of Labor, who will use the same investigative rules as the Family and Medical Leave Act (FMLA). If an employer violates this law—say, by refusing the leave or retaliating against an employee—they face a civil penalty of up to $10,000 per violation. When setting the final fine, the Secretary must consider factors like the size of the business, the seriousness of the violation, and whether the employer acted in good faith, suggesting that penalties will be tailored rather than automatic.