You can get paid time off from your job to vote

If you’re planning to vote in person during the general election on Nov. 3, there’s a chance you could get paid time off from your job to do it.

An obscure Arizona law allows for up to three uninterrupted hours of employer-provided paid time to accommodate people who want to vote at polling locations, provided they wouldn’t otherwise have that big of a window to vote before or after a shift.

If fewer than three hours are available between the opening of the polls at 6 a.m. in Maricopa County and the beginning of a work shift, or from the end of a shift and the closing of the polls at 7 p.m., an employer must make up the difference with paid time off.

The law thus wouldn’t help someone working, say, 9 a.m. to 5 p.m., because that person would have three consecutive hours in the morning to vote. But someone working 8 a.m. to 5 p.m. could ask for one hour of paid time off to vote, before or after the

shift.

“It really would apply to people who work longer shifts — 10-hour shifts, for example,” said John Balitis, an employment attorney at Jennings, Strouss & Salmon in Phoenix.

However, if there are three consecutive hours before or after a shift when the polls are still open, “this right isn’t triggered,” he said.

Law little known, little publicized

Arizona Revised Statute 16-402 has been on the books for 40 years but isn’t widely known, partly because primary and general elections aren’t frequent, Balitis said.

Also, unlike many other laws such as those governing minimum wages and paid sick-time off, there is no requirement to post notice of this regulation in employee break rooms or other common workplace areas.

“There are no obligations for employers to let workers know,” Balitis said, adding that many employers likely are unaware of it, too.

Workers must inform their companies of their intention to seek paid time off to vote at least one day before the Nov. 3 election. The law doesn’t state whether such notice should be given in writing or verbally. Employers have the right to specify which hours an employee can take off to vote.

Complaints, penalties unclear

The law is vague on various other aspects such as possible employer penalties and where to file complaints, although employers could face a Class 2 misdemeanor.

If you suspect a violation, Balitis suggests going to the Arizona Attorney General’s Office or the Maricopa County Attorney’s Office if you work in the county.

Employers who learn that a worker abused the practice can question and possibly discipline the person, Balitis said.

For example, a company might find out that an employee was off doing something other than voting if informed by someone else or if the worker carelessly posted a message to that effect on social media.