Understanding paid time off to vote on Election Day

Election Day Voting — What to Know

• Election Day Voter Guide: Find out where and when you can vote on Election Day, what's on your ballot and what you'll need to bring to the polls.
• Can I vote early this weekend? Early voting in Texas ended on Friday, Nov. 1, 2024. If you didn't vote early, the last chance to vote is on Election Day.
• When is Election Day? Tuesday, Nov. 5, is Election Day. On that day, polls will be open in Texas from 7 a.m. until 7 p.m. You will be allowed to vote if you're in line by 7 p.m. on Election Day.
• Who or what is on the ballot? Click the links to filter races by category or county: Federal races | State races | Collin County | Dallas County | Denton County | Tarrant County | ISD props | City props
• How many people voted early? More than 1 million people voted early in North Texas. Click here to see daily early voting totals from Collin, Dallas, Denton and Tarrant counties and compare them to those from previous years.
• How can I vote by mail? The deadline to request a mail-in ballot has passed. Mail-in ballots must be received or postmarked by 7 p.m., Tuesday, Nov. 5. More information on voting by mail in Texas is here.

Early voting ends Friday for Texans. If you didn't make it out to vote during early voting, you’ll have from 7 a.m. to 7 p.m. to cast a ballot on Tuesday, Nov. 5.

Texas has rules about employers giving people time away from work to vote on Election Day. Read on for how they may apply to you.

PAID TIME OFF TO VOTE

In Texas, employees are entitled to paid time off to vote on Election Day. The Texas Workforce Commission recommends employers provide two hours of paid leave if an employee does not have two hours off, together, outside their shift.

If, for example, your workday ends at 5 p.m. you would have two hours available before polls closed at 7 p.m. Note: a voter who was in line at the polling place by 7 p.m. is entitled to vote even if the ballot is cast after closing time.

In another example, Jennifer Trulock, a labor and employment attorney at Bradley, explains if you’re scheduled to work 8:30 a.m. to 5:30 p.m., employees should be allowed paid leave to make it to the polls.

“If your workday started at 8:30 and it goes until 5:30 or 6, then you have a situation where your two hours to vote would infringe on your workday and you might get some paid time off there. That's a situation where you want to talk to your employer,” Trulock said.

According to the Election Code, the penalty for a person who won’t let an employee take the legally protected time faces a criminal misdemeanor.

WAGE CLAIM FOR UNPAID TIME

The Texas Workforce Commission said employees who believe they are owed pay for time they took off to vote would have the right to file a wage claim with the TWC under the Texas Payday Law. Generally, under the Texas Payday Law, employees would need to file a wage claim with the TWC within 180 days of the original pay date. You can find more information about this type of claim with the TWC here.  

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