Q. We have had a hard time determining whether we must allow employees to miss work so they can vote? So this isn’t a problem in 2012, what rules must we follow?
A. The Texas Election Code requires employers to permit employees to miss work with pay to vote. However, if the polls are open for voting for two consecutive hours outside of the employee’s regular working hours, the employer does not have to grant the employee time off from work.
Violation of this provision in the Election Code is a Class C misdemeanor, punishable by a fine not to exceed $500.
Employers should also be aware that the Texas Election Code prohibits retaliating against an employee who votes for or against a particular candidate or measure, or who refuses to reveal how he or she voted.