b'Voting RightsWho, What, Why . . . Whodoesitapplyto:TheTexasElectionCoderulesforWhatabouttimeanemployeetakesofftoattendpolitical employee voting rights and time off apply to all Texas employers. conventions: An employee may take unpaid time off to attend aprecinct conventionor otherpoliticalconvention. Suchan Can I do it myself: Who is protected? All employees, includingemployee may not be retaliated against or dismissed for taking temporary or seasonal workers, are protected. thetime.Note,employersmustbecarefulwhendeducting pay like this for employees exempt from overtime. (See the What is protected: Basically, there are three protections. First,sections on Overtime and Exemptions from Overtime for more an employer must give employees time away from work to vote,information.)if the employee does not have otherwise sufficient free time while the polls are open. Second, an employer must allow theCan I make my employee show proof that he voted: There is employee to take the time off without threats, intimidation, or anynothing in the law that prohibits an employer from requesting other penalty. Third, an employer cannot reduce, or threaten toproof of voting; however, it is not mandatory that an employee reduce, an employees wages or other benefits for voting for orprovide such proof.against a particular candidate, or refusing to disclose how they voted. How much notice must my employee give me:There is no requirement that an employee give notice to their employer of How much time must I give my employee to vote: An employeetheir intent to vote, but employers can create a policy requiring must be given a reasonable amount of time off of work in ordernotice and discipline an employee for failing to follow that notice to vote. Reasonable is not defined by any law, but the Texaspolicy.Workforce Commission recommends allowing up to two hours.Common Situations:Employers do not have to give employees time off during the workday if the employee has already voted in Early Voting orVoting for overtime pay: J.D. is coming in at 7:00 a.m. for his if the employee has two hours of uninterrupted time during adaily shift and asks his boss for an extra hour at lunch to vote. day to vote. Finally, employers can define when the employeeFollowing the law, the boss-man lets J.D. have the extra time. takes the time during the day, as long as it reasonably gives theThat night, J.D. decides to work an extra hour to make up the employee enough time off to vote. time. Does J.D. get credit for the hour to vote and the extra hour he worked? Does it count toward overtime? Yep and nope. An Do I have to pay my employees when they take time off duringemployee who voluntarily turns in extra time in addition to the the workday to vote: Yes, the law says that an employer may nottime off for voting gets credit for the hour worked and the voting penalize an employee for attending polls on Election Day. Thattime, but does not get extra pay or the overtime associated with said, employers do not have to pay if the polling place is openit. Strange rule.for two consecutive hours outside of the employees regular work schedule. Controlling the masses: Mary Jane is undecided about who she will vote for in the upcoming election. Her supervisor, Phil, is Does the time my employee is out count towards overtime: Yes,very involved in politics, often engages the employees in political but an employer generally has the right to set the time that andiscussions, and encourages all of the employees to vote for his employee may have off to vote. favorite candidate. As Mary Jane leaves for the day, he shouts, You better vote for my guy or you are FIRED! Mary Jane calls77'