I just dare anyone to claim that they "forgot" to vote these days. If you haven't been barraged by radio and TV ads, or twittered, spammed and cold-called every other minute with political propaganda, you must be living under the proverbial rock (and a big one at that). Since no one can realistically "forget" to vote, but they will "forget" to do so until the very last day, you will have employees that need to leave the office to cast their ballot.

Just in case you were thinking about telling these employees "too bad, so sad, you should have gone to early voting," keep in mind that keeping him or her from the polls can be a CRIME under Texas law.

Texas Election Code §276.004 requires Texas employers to allow their employees time off to vote as follows:

a. A person commits an offense if, with respect to another person over whom the person has authority in the scope of employment, the person knowingly:

1. refuses to permit the other person to be absent from work on election day for the purpose of attending the polls to vote; or

2. subjects or threatens to subject the other person to a penalty for attending the polls on election day to vote.

b. It is

an exception to the application of this section that the person's conduct occurs in connection with an election in which the polls are open on election day for voting for two consecutive hours outside of the voter's working hours.

c. In this section, "penalty" means a loss or reduction of wages or another benefit of employment.

d. An offense under this section is a Class C misdemeanor.

According to the Texas Workforce Commission, an employer will abide by §276.004 if it:

  1. lets employees have at least two hours off to vote on an election day, unless they have already voted under early voting procedures; and
  2. pays the employee for time off necessary to vote, to the extent that time cuts into the employee's normal working hours.

The Commission further notes that employers do not have to pay employees for time off necessary to vote if the polls are open for two consecutive hours outside of the employee's normal working hours. Also, take into account whether voting opportunities occur during overtime hours. If the employee has to take time off from mandatory overtime to vote, the time off should be paid at the rate that would have applied to the time so missed. But, if the time is taken off from optional overtime voluntarily requested by the employee, it does not need to be paid, since the time off would be outside of normal working hours and is time that the employee voluntarily chose to spend working rather than doing something else (like voting).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.