Election Day is almost here. On Tuesday, November 3, New Hampshire voters will head to the polls to vote for federal, state, and local offices. The NH Department of State has posted a great deal of helpful information on its website to aid voters in successfully exercising their right to vote. Information can be found here.
Do New Hampshire Employers Have to Provide Leave for Employees to Vote?
No: New Hampshire law does not require an employer to grant a leave of absence for an employee to vote on Election Day. If voting time is granted in New Hampshire, payment for such time is at the employer’s discretion.
Even though state law does not require employers to afford a leave of absence to vote, employers should nonetheless consult their Employee Handbook to confirm that the topic is not addressed expressly or as part of another leave section. Employers should seek to approve requests for leaves fairly and consistently with past practice. Depending on the circumstances (such as work hours and polling location hours), some flexibility may be appropriate for those employees who are having a hard time making it to the polls on time, especially during this year involving a pandemic.
Employees May Vote Absentee
Alternatively, employers may wish to remind employees of their right to vote absentee. New Hampshire law allows employees with a work conflict to vote absentee: “[a] person who is unable to appear at any time during polling hours at his or her polling place because of an employment obligation shall be considered absent for purposes of this chapter.” (N.H. RSA 657:1). In addition, this year, any person with a concern for the novel coronavirus (COVID-19) may request an absentee ballot. As of October 27, 2020, there have been 225,002 requests for absentee ballots in New Hampshire, with 181,577 returned to town and city clerks.[1]
Absentee ballots can be requested through November 2nd, and completed ballots must be received by 5:00pm on Election Day, November 3rd. Employees requesting information on voting absentee should be directed to the New Hampshire Secretary of State’s website: sos.nh.gov.
Employer Take-Away
It is not too late to remind employees to develop a plan to vote, and to communicate your expectations on workplace attendance, and/or requests to take a leave.
[1] https://sos.nh.gov/elections/information/notices/absentee-ballots-requested-for-general-election/
Have an issue regarding labor law? Devine Millimet assists with the NHADA Member Employment Law Hotline at 603-695-8582.
Thank you to Lynnette V. Macomber, Esq. and Margaret "Peg" O'Brien Esq. at NHADA Silver partner Devine, Millimet & Branch, P.A. for the creation of this article.