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District of Columbia’s New Voting Leave Regulations

On May 10, 2024, the District of Columbia (DC) published final regulations affecting the voting leave law which took effect immediately. These changes are designed to ensure employees have sufficient time to participate in elections without compromising their work obligations. Here is an overview of the changes and recommended actions to prepare for these changes. 

The new regulations require employers to post the Time Off to Vote notice in a prominent location in the workplace at least 60 days before all scheduled elections (including special elections). For remote employees and those who do not have access to a physical poster, the notice should be provided by any reasonable means such as email, and employers need to collect a signed acknowledgment of receipt. 

The regulations also clarify that employers who do not have an established policy that contains provisions for reasonable advance notice cannot require employees to provide more than seven (7) days’ notice to take voting leave. 

In response to a request for leave to vote, an employer may specify the hours during the in-person voting period in which the employee may take leave to vote. 

Next Steps 

Post the voting leave notice at least 60 days before any scheduled election and provide notice to employees who do not have access to a physical poster and obtain a signed acknowledgment. 

Update your voting leave policy to align with the new requirements. Ensure the policy clearly outlines the duration of leave, notification process, acceptable documentation, and non-retaliation provisions. 

Provide training for management and HR personnel on the updated voting leave law. Ensure they understand the new requirements and can effectively manage voting leave requests and documentation. 

HR Works, headquartered in Upstate New York, is a human resource management outsourcing and consulting firm serving clients throughout the United States for over thirty years. HR Works provides scalable strategic human resource management and consulting services, including: affirmative action programs; benefits administration outsourcing; HRIS self-service technology; full-time, part-time and interim on-site HR managers; HR audits; legally reviewed employee handbooks and supervisor manuals; talent management and recruiting services; and training of managers and HR professionals.