Voting Time in NC and SC
Election Day is coming up on Tuesday, November 4, and employers should be prepared for requests from employees for time off to vote. There are no regulations that require employers to give time off to vote under federal, NC, or SC laws. Make sure to check other state and local laws that might apply.
In most workplaces, employees have time before or after work to vote, but there might be exceptions for employees working an unusual shift; for example, an employee on a 12-hour shift may not be able to vote in person without missing scheduled work time.
Employers need to plan and communicate with their supervisors and team members about expectations for taking time off to vote. Many employers encourage employees to vote outside of working hours, but will provide excused and unpaid time if requested in advance. Other employers allow paid time or allow employees to arrive late or leave early. Consider the employee relations impact if you do not allow some flexibility for voting time.
Frequently Asked Questions
Does North Carolina law require employers to give employees time off to vote?
Yes. North Carolina law (NCGS 103-1 & 163-166.01) allows employees to take time off to vote if they do not have at least 2 consecutive non-work hours during polling hours (which run from 6:30am to 7:30pm). Employers may specify when during the day the time off is taken and may require advance notice, but cannot penalize employees for voting.
Does South Carolina law require paid time off for voting?
South Carolina has limited voting leave protections. SC Code Section 7-1-80 generally allows employees in certain public positions time off to vote, but private employer obligations are less defined than in NC. Best practice is to communicate voting leave availability and ensure employees can vote without threat of job loss.
Can a North Carolina employer dock pay for time taken to vote?
No. North Carolina law states that employees may take time off to vote without loss of pay. The time off for voting is a paid leave entitlement under state law, provided the employee actually uses the time to vote.
