Massachusetts has a law related to voting and employment, and the state legislature is also considering pending legislation that could have a greater impact on employees’ right to take time off during the workday to vote.

The first is the long-established law that allows employees up to two hours of time off to vote after their local polling place opens. This law was originally adopted in 1887 and most recently amended in 1913. While the law clearly establishes the right to request time off to vote, it is up to the employer whether to pay the employee for the time. If the employer chooses not to pay the employee, the employer may allow the employee to use vacation or personal time or paid time off to cover the two-hour period.

Meanwhile, a bill (H4217) moving through the legislature would amend section 178 above and provide employees who can demonstrate a need and have requested to take time off to vote at least three days in advance with paid time off from work at the beginning or end of the workday. While it is not clear how likely the bill is to reach the governor’s desk, it has passed the House and is awaiting action in the Senate.

While many employers may have a voting policy in their handbooks, today’s multiple options for voting – including absentee, voting by mail, and early voting – have probably reduced the demand for time off to vote. That is especially true in light of a law signed by former Governor Charlie Baker in 2020 significantly expanding the use of mail-in and early voting in the 2020 election. Governor Baker also signed the VOTES Act in 2022, making the 2020 expansion of voting options permanent.

You can’t tell me how to vote.

Another Massachusetts law makes it illegal for an employer to threaten to or to actually discharge, reduce wages, or adversely affect the terms and conditions of an employee’s employment in connection with an employee giving or withholding a vote or a political contribution.  An employer may not favorably affect the terms and conditions of an employee’s employment in connection with an employee’s vote or political contribution.

The statute also provides for criminal penalties for anyone convicted of violating the statute. The penalties are a fine of not more than one thousand dollars or imprisonment for not more than six months or both.

While a quick search of both laws found no cases associated with a violation of either one, no employer wishes to be the first.

During this contentious election year, employers and their managers should be careful about allowing time off to vote, and mindful of political discussions that may appear to endorse a candidate.

AIM members with questions about this or other human resources issues members may contact the AIM Helpline at 1-800-470-6277.