Election Day is fast approaching - Tuesday, November 8, 2016. Like most states, Minnesota has a law that protects employees' rights to be absent from work for a sufficient amount of time to be able to vote. Under the Minnesota law, employees have the right to "be absent from work for the time necessary to appear at the employee's polling place, cast a ballot, and return to work on the day of the election." Obviously the amount of time each employee may need depends on the employee's commute to/from work and their individual polling places, which may vary considerably. Companies cannot interfere with this right, nor deduct from an employee's pay, vacation or PTO because of the absence. Previously this right was limited to a reasonable time off work the morning of the election, but this was changed to allow for flexibility (for employers and employees alike) for the necessary time off to be taken at differing times throughout Election Day.

Employers unaware of this law run the risk of violating it (a misdemeanor under the law, subject to prosecution by the county attorney). However, from our experience it is more likely that employers who do not understand their rights and plan accordingly, wind up having large segments of their workforce being absent simultaneously on Election Day, or having employees miss far more work than should be necessary to cast a vote and return to work. In one case in a previous election year, an employer with a unionized workforce was told by the union representative that Minnesota law gave employees the day off to vote, with full pay - wrong! Therefore employers are well-advised to know what the law requires and what they, too, can require of their employees. With just a little planning and communications with employees in advance of this year's Election Day, employers can work with employees to allow them to vote in the election, without adversely impacting operations.