March 16, 2018

What Are an Employer’s Obligations in Minnesota When an Employee Asks for Time Off to Vote or to Serve as an Election Judge

Are you ready for election day?  Do you know what to do if an employee requests time off from work to vote or to serve as an election judge?

Employee’s Right to Take Time Off From Work to Vote

In Minnesota, employees who are eligible to vote in an election have the right to take time off from work for the period of time necessary to vote at the individual’s polling place and return to work.  Employers may not deduct from an individual’s wages or otherwise penalize an employee because of the absence, nor may an employer interfere with this right.  Indeed, any person who violates this law is guilty of a misdemeanor.  Click here for the Minnesota Statute 204C.04.

Employee’s Right to Take Time Off From Work to Serve as an Election Judge

What about employees who are selected to serve as an election judge.  Do you need to give them time off from work?  If so, do you have to pay them?

An individual who is selected to serve as an election judge is allowed to take time off from work, without penalty, provided he/she gives his/her an employer at least 20 days’ written notice.  The written notice should be accompanied by a certification from the appointing authority which states the hourly pay rate to be paid the employee and the hours during which the employee will serve as an election judge.

An employer may reduce an individual’s wages by the amount, if any, paid to the election judge by the appointing authority during the time the employee was absent from work.  An employer also may limit the number of employees absent from work for the purpose of serving as an election judge to no more than 20 percent of the total work force at any single worksite.  Click here for Minnesota Statute 204B.195.