I like to vote on Election Day. Why? A couple of reasons. First, I like to procrastinate. Call me an adrenaline junkie, it’s true. I like to get things in just under the wire. Second, I like the buzz on Election Day. The energy. The people watching and listening.
If you have employees like me, here is a short breakdown of the Texas laws that govern employees’ rights on Election Day.
1. Time off
According to section 276.004 of the Texas Election Code, employers are required to give an employee time off to vote on Election Day IF the polls are not open for two consecutive hours outside of the employee’s working hours. For example, if the employee works from 8:30 a.m. to 5:30 p.m. and the polls are open from 7 a.m. to 7 p.m., then the employer is required to give the employee time off to vote on Election Day. By contrast, if the employee works from 8 a.m. to 5 p.m., and the polls are open from 7 a.m. to 7 p.m., then the employer is not required to give the employee time off to vote on Election Day.
2. Paid v. unpaid
Employers are required not to penalize an employee for voting on Election Day. Under section 276.004(b) of the Texas Election Code, “penalty” includes a loss or reduction in wages. Therefore, if the polls are not open on Election Day for at least two consecutive hours outside the employee’s working hours, an employer should provide paid time off to vote.
3. Penalty
According to the Dallas court of appeals’ opinion in Joyce Martin v. Clinical Pathology Laboratories Inc., an employee cannot sue an employer for failure to comply with these laws; however, an employer’s failure to comply with these laws is a Class C misdemeanor.
So encourage your employees to vote. To quote Bob Schieffer’s mother, “Go vote. It makes you feel big and strong.”