Issues and Action

Empowering Voters Project: Support Time off Work to Vote, H.1849
Contact the League of Women Voters for More Information

Urge your legislators to support bill HB1849. This legislation would give voters in Massachusetts the right to leave work to vote for two hours, without penalty, if they do not otherwise have time to vote on Election Day. Giving workers time off to vote would increase voter participation and turnout.

Lead Sponsor:  Representative Marie St. Fleur

Background:  As stated in our Principles, The League of Women Voters strongly believes that “every citizen should be protected in the right to vote,” and, that “democratic government depends upon the informed and active participation of its citizens.” Currently, most Massachusetts voters who must work while the polls are open have no legal recourse should their employer deny them time off to vote. Since having to work is not a valid reason for voting by absentee ballot in Massachusetts, these citizens are forced to choose between earning a living and exercising their civic responsibility to vote.

The Legislation:  This bill would require that all employers give their employees time off to vote (up to two hours) without penalty. This would apply only to employees who do not have three consecutive non-work hours in which to vote during poll hours. The bill explicitly states that employees who meet this requirement must be paid for the time during which they are voting, and that taking time off to vote is not a sufficient reason for discharge or termination.

The bill provides that employers can require proof of voting from their employees in the form of a receipt generated and provided by the Secretary of the Commonwealth. Additionally, the bill requires that employees who believe they will need time off to vote on Election Day inform their employers of this fact on the day before the election.

The League supports HB1849 with the addition of a provision as follows: “Ten days before an election, employers are required to post information about the right to leave work to vote and outlining how an employee can make application to the employer to exercise that right.”

Current Status:  The bill is currently in the Joint Committee on Labor and Workforce Development.

Talking Points:

• Protections from negative repercussions, monetary or otherwise, for leaving work to vote will increase the likelihood that more Massachusetts workers make it to the polls on Election Day.

• Massachusetts already has a law that allows workers in manufacturing, mechanical and mercantile establishments to leave work to vote. This law should be expanded to cover all Massachusetts workers and require that workers not lose pay for leaving work to vote.

• Twenty-nine states have time off to vote statutes that are much less restrictive than the Commonwealth’s current law.

•  Twenty-one of those states allow workers to take time off to vote without deduction from their usual salary or wages.

• The proposed legislation would allow an employer to require proof of voting and would require the employee to notify the employer in advance of the need to leave work to vote, thereby ensuring that the guarantees provided by the legislation will not be abused and the workday will not be overly disrupted on Election Day.