Can Texas workers get time off to vote? What state rules say for employees
If you haven’t voted already and are scheduled to work on Election Day, you may be wondering if you’re entitled to paid time off to do so.
Not necessarily. Under federal law, employers are not required to give time off so that workers can vote. Instead, voting leave laws are in the state’s power.
Some states have laws requiring a certain amount of time off for employees, whether paid or unpaid, to cast their ballots.
Others have laws that only require employers to provide time off if employees won’t have enough time to cast their ballot before or after work while the polls are open.
Here’s how it works under Texas law.
Can I take paid time off to vote in Texas?
Employees have the right to take paid time off to vote on election days unless they have at least two consecutive hours to vote outside of working hours, according to the Texas Election Code.
An employer may not subject an employee to a penalty, which is a loss or reduction of wages or other benefit of employment. Violators of the code will incur a Class C misdemeanor, which is punishable by a fine of up to $500.
Has Texas always allowed paid time off to vote?
According to the Texas Workforce Commission, four legal opinions by the Attorney General led to the current state law about voting leave. The legal opinion addressed the matters of time off to vote and pay for such time, starting in 1944.
- GS-6242 (1944) - Employees have a right to take a reasonable amount of time off from work to vote and the employer may even specify the number of hours that will be off, provided that the time is sufficient enough to enable the employee to do so. The clause, however, that requires the employer to compensate the worker for the time spent is unconstitutional.
- PD-1475 (1952) - The Attorney General partially overruled the previous opinion in GS-6242, citing a ruling by the U.S. Supreme Court in Day-Brite Lighting, Inc. v. State, 72 S.Ct. 405 (1952), which held that the statute in question is a legitimate use of the state’s police power and that requiring an employer to compensate employees for time off work for voting purposes does not violate the Texas or U.S. Constitutions.
- PD-1532 (1952) - This ruling clarified PD-1475 by determining paid voting leave is only required in situations when an employee lacks the necessary time to vote outside of work (for at least two hours in a row.
CM-0053 (1967) - An employee who voluntarily requests overtime hours is not required by law to be granted paid time off in order to cast a ballot.
Am I entitled to PTO for a political convention?
Time off to attend a state or local political convention is considered job-protected leave, however it is exempt from payment requirements under the Texas Election Code.
Although an hourly worker does not require written consent to be compensated for time missed while attending a political convention, the Texas Payday Law requires written consent from the worker if unpaid convention leave is to be withheld from their pay.
For salaried employees, full days missed could be deducted on a pro-rated basis but not partial days, according to the Texas Workforce Commission. Deductions would have to be authorized by the employee in writing.
