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Ohio law protects workers who need to take time off from their jobs to vote on Election Day: Legally Speaking

Your workplace cannot terminate or otherwise punish you for taking needed time off to vote in the November 5 election.

CLEVELAND — Legal analysis: Ohio is one of 28 states that has a Voter Leave Law on the books.

Legally Speaking, this means your employer has to give you time off from work to cast your vote if you need it on Election Day.

It’s Ohio Revised Code Section 3599.06, and it’s not incredibly specific, so I’ll fill in some of the blanks for you.

This law applies to electors. That essentially means it applies to anyone registered to vote.

When it comes to how much time your boss has to give you to vote, the statute says “a reasonable amount of time.” That means you probably can't take the whole day off. 

In Ohio, polls are open from 6:30 a.m. to 7:30 p.m. on Election Day, so if your work shift plus your commuting time covers that entire time period, you’re covered to take some time off to vote.

Nothing in the statute says you have to give your boss notice before you do it, but it’s a nice thing to do so they can plan accordingly.

Your employer could tell you at what point during your shift you can head out to vote, as long as it doesn’t end up unreasonably interfering with your ability to cast your ballot.

If you’re paid hourly and you need to vote during your work day, you don’t have to be paid for that time. If you’re paid on a salary, however, your workplace cannot deduct money from your paycheck for that time off.

If you do take advantage of Ohio’s Voter Leave Law, your job could require you to show proof that you voted, by doing something like asking to see your “I voted” sticker.

Remember, though, your employer can never force you to tell them how you voted. Now get out there and vote, Ohio!

Stephanie Haney is licensed to practice law in both Ohio and California.

The information in this article and video is provided for general informational purposes only. None of the information in this article and video is offered, nor should it be construed, as legal advice on any matter.

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